Contents

Acknowledgements

List of Contributors

List of Abbreviations

Note on East Asian Names

Introduction The Changing Face of Dispute Resolution

Part 1 The Theme in General

Chapter 1 Formalisation of Alternative Dispute Resolution Processes: Some Socio-legal Thoughts

Chapter 2 The Private in Public, the Public in Private: The Blurring Boundary between Public and Private Dispute Resolution

Chapter 3 China’s Dispute-Resolution Mechanisms and Innovation in the Transformation Era

Chapter 4 Mediation and the Rule of Law: The Chinese Landscape

Chapter 5 No Alternative: Resolving Disputes Japanese Style

Part 2 Formalisation and Flexibilisation: Historical Perspectives

Chapter 6 Judicial Dispute Resolution and its Many Alternatives: The Nordic Experience

Chapter 7 “Explaining” and “Mediating” is More Important than Penalties: A Comprehensive Explanation of the Resolution of Minor Cases at County Level in Late-Imperial China (1368–1911)

Part 3 Specific Applications and Normative Considerations

Chapter 8 The Diversification and Formalisation of ADR in Japan: The Effect of Enacting the Act on Promotion of Use of Alternative Dispute Resolution

Chapter 9 In/formalisation and Glocalisation of International Commercial Arbitration and Investment Treaty Arbitration in Asia

Chapter 10 Informalism and Formalism in the History of ADR in the United States and An Exploration of the Sources, Character, and Implications of Formalism in a Court-Sponsored ADR Programme

Chapter 11 Unlocking Justice and Markets: The Promise of Consumer ADR

Chapter 12 Private Law Enforcement and ADR: An Arranged Marriage

Index