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Court-connected alternative dispute resolution: The Ontario mandatory mediation program and the German obligatory settlement procedure. Approaches to achieving early case settlement: A comparative analysis

Posted on:2005-04-19Degree:LL.MType:Thesis
University:University of Toronto (Canada)Candidate:Gilbert, MartinFull Text:PDF
GTID:2456390008493334Subject:Law
Abstract/Summary:PDF Full Text Request
Court connected mandatory mediation programs are becoming increasingly important in the realm of civil litigation in Canada. The German legislature has recently tried to further early case settlement with the introduction of a settlement procedure. However, the idea of making an attempt at reaching a settlement in a mediation session compulsory is still rejected.; Relying on the Ontario mandatory mediation program and its official evaluation, this thesis argues that mandatory mediation has proven successful with regard to a reduction of time and cost spent in the civil litigation process. It concludes that a mandatory mediation pilot project in civil matters should be implemented in Germany. In addition, this thesis suggests a framework of aspects for a hypothetical mandatory mediation program in German civil litigation.
Keywords/Search Tags:Mandatory mediation, Civil litigation, Early case settlement, German, Settlement procedure
PDF Full Text Request
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