Managerial Justice and Access to Justice in Comparative Perspectives
主讲人:Prof. Helene Piquet
Prof. Helene Piquet is the holder of the Social Sciences and Humanities Research Council of Canada (SSHRC) and the Research Chair of Chinese Law and Globalization
时间:6月8日下午5:00 (June 8, 5pm)
地点:法学院一楼报告厅 - Tsinghua University Law School, 1st Floor
Discussant/Organizer: Stéphanie Balme (Sciences Po/Tsinghua)
The seminar will be conducted in English but Q & A will be in Chinese. Professor
讲座内容简介:
Civil justice in developed countries and in many developing countries is undergoing substantial transformation since two decades. One of these has resulted in a common trend toward managerial justice, meaning that courts, through the use of various devices, are increasingly geared toward case management. What are the implications, from an Access to Justice perspective, of the use of court annexed mediation and judicial mediation? Are these models useful or detrimental to litigants?
Part 1. Historical Perspectives on Alternative Dispute Resolutions (ADRs)
1.1 The rise of ADRs in developed countries
1.2 The debates surrounding the use of ADRs in non judicial settings
Part 2. Managerial justice in practice: the institutionalization of ADRs
2.1 Managerial Justice: Current trends-Performance Standards
2.2. Court -annexed mediation
2.3 Judicial Mediation
Part 3. Legal transplants issues and the Chinese context
3.1 Legal Transplants : process and questions
3.2 Is Western scholarship on ADRs relevant for China?