64 research outputs found

    The Politics of Family Law

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    Belgium's new specialized judiciary

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    This brief national report was written for the First Siberian Legal Forum on the ‘Specialization of Judges and Courts: Comparative and Russian Context.’ It gives an overview of the Belgian judicial structure. After a short analysis of the judicial organization before 2014, that presents an outline of the Belgian first instance and appellate courts, particular attention is paid to the comprehensive judicial reforms of 2014. The enlargement of the judicial districts and the introduction of (internal and external) judicial mobility will lead to more specialized courts and judges. The creation of a Family and Juvenile Court and the re-allocation of some civil and commercial competences, between the Justice of the Peace and the Commercial Court, will have the same effect. Nevertheless, this report concludes that the 2014 reform is a missed opportunity to create a large ‘unified’ district court in which all first instance courts are merged.</span

    Punitive Damages, Social Norms, and Economic Analysis

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    Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring

    The Negotiation Process

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    This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information Stage, negotiators must ask open-ended questions designed to discover what items are available for division - value creation. During the Distributive Stage, the participants vie for the items that are on the table - value claiming. During the Closing Stage, the parties seek to solidify the terms of their agreement without giving up more than they need to. During the final Cooperative Stage, the participants should work to maximize their joint returns to be certain they have achieved mutually efficient agreements

    The Negotiation Process

    Get PDF
    This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information Stage, negotiators must ask open-ended questions designed to discover what items are available for division - value creation. During the Distributive Stage, the participants vie for the items that are on the table - value claiming. During the Closing Stage, the parties seek to solidify the terms of their agreement without giving up more than they need to. During the final Cooperative Stage, the participants should work to maximize their joint returns to be certain they have achieved mutually efficient agreements
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