European Mediation Training For Practitioners Of Justice

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European Mediation Training for Practitioners of Justice

Association for International Arbitration
European Mediation Training for Practitioners of Justice Book PDF

Author : Association for International Arbitration
Publisher : Maklu
Page : 234 pages
File Size : 43,9 Mb
Release : 2012
Category : Law
ISBN : 9789046604991

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European Mediation Training for Practitioners of Justice by Association for International Arbitration Pdf

The importance of the free movement of persons and the proper functioning of the internal market, in particular concerning the availability of mediation services in cross-border disputes, was an important point on the agenda of the European Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The European Mediation Training for Practitioners of Justice (EMTPJ) is an initiative of the Association for International Arbitration (AIA) and supported by the European Commission. It is an intensive mediation training that purports to create mediators specialized in cross border mediation. This handbook is specially developed for "European Mediators" dealing with cross-border mediations in civil and commercial matters.

EU Mediation Law Handbook

Nadja Alexander,Sabine Walsh,Martin Svatos
EU Mediation Law Handbook Book PDF

Author : Nadja Alexander,Sabine Walsh,Martin Svatos
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 53,8 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041158673

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EU Mediation Law Handbook by Nadja Alexander,Sabine Walsh,Martin Svatos Pdf

Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

Business, Ethics and Peace

Anonim
Business Ethics and Peace Book PDF

Author : Anonim
Publisher : Emerald Group Publishing
Page : 416 pages
File Size : 42,8 Mb
Release : 2015-09-23
Category : Political Science
ISBN : 9781784418779

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Business, Ethics and Peace by Anonim Pdf

This volume gathers a selection of papers presented at the International SPES Conference Business for Peace, Strategies for Hope held in Ypres in April 2014. The papers illustrate the impact of religion in peace management and present solutions and practices for corporate peace-building.

EU Mediation Law and Practice

Giuseppe De Palo,Mary B. Trevor
EU Mediation Law and Practice Book PDF

Author : Giuseppe De Palo,Mary B. Trevor
Publisher : OUP Oxford
Page : 653 pages
File Size : 48,5 Mb
Release : 2012-10-04
Category : Law
ISBN : 9780191636851

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EU Mediation Law and Practice by Giuseppe De Palo,Mary B. Trevor Pdf

A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.

Sexual Violence and Restorative Justice

Marie Keenan,Estelle Zinsstag
Sexual Violence and Restorative Justice Book PDF

Author : Marie Keenan,Estelle Zinsstag
Publisher : Oxford University Press
Page : 417 pages
File Size : 55,5 Mb
Release : 2022-11-04
Category : Criminal justice, Administration of
ISBN : 9780198858638

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Sexual Violence and Restorative Justice by Marie Keenan,Estelle Zinsstag Pdf

Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.

Rebuilding Community Connections - Mediation and Restorative Justice in Europe

Ivo Aertsen,European Forum for Victim-Offender Mediation and Restorative Justice,Council of Europe Publishing
Rebuilding Community Connections Mediation and Restorative Justice in Europe Book PDF

Author : Ivo Aertsen,European Forum for Victim-Offender Mediation and Restorative Justice,Council of Europe Publishing
Publisher : Council of Europe
Page : 132 pages
File Size : 48,5 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9287154511

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Rebuilding Community Connections - Mediation and Restorative Justice in Europe by Ivo Aertsen,European Forum for Victim-Offender Mediation and Restorative Justice,Council of Europe Publishing Pdf

Published as part of the integrated project "Responses to violence in everyday life in a democratic society"

Mediation: An A-Z Guide

Stephen Walker
Mediation An A Z Guide Book PDF

Author : Stephen Walker
Publisher : Bloomsbury Publishing
Page : 563 pages
File Size : 46,5 Mb
Release : 2016-10-26
Category : Business & Economics
ISBN : 9781780439976

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Mediation: An A-Z Guide by Stephen Walker Pdf

Don't know your BATNA from your WATNA from your ZOPA? Think PATNA is a type of rice? Not sure what Cellar Blindness is? Or what FDRs/DI Ps/ LIPs are? Mediation: An A-Z Guide tells you, distilling practical information, informed comment and useful advice and tips. Over 500 entries provide curated information on practical mediation topics guiding you through the thicket of mediation jargon. Mediation: An A-Z Guide ensures you have no need to feel nervous about mediation because you: will understand what is being said will have the knowledge and confidence to use the buzz words Whether you are a mediator, a representative, a client, a lawyer or a nonlawyer you will find what you are looking for. Portable and practical and with an easy-to-read, punchy style and user-friendly format this is more than just a dictionary. Entries follow the same pattern: Topic Heading Definition Comment In practice – bullet points nail the everyday application of the topic See also – for internal cross references Follow up – for further sources

Victim-Offender Mediation with Youth Offenders in Europe

Anna Mestitz,Simona Ghetti
Victim Offender Mediation with Youth Offenders in Europe Book PDF

Author : Anna Mestitz,Simona Ghetti
Publisher : Springer Science & Business Media
Page : 380 pages
File Size : 51,6 Mb
Release : 2006-01-16
Category : Social Science
ISBN : 9781402038792

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Victim-Offender Mediation with Youth Offenders in Europe by Anna Mestitz,Simona Ghetti Pdf

This book documents the state of the art on Victim-Offender Mediation with youth offenders in 15 European nations (Austria, Belgium, England and Wales, Finland, France, Germany, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Norway, Poland, Spain, Sweden). It provides an up-do date review of current theory and practice and presents a critical discussion of problems and benefits which may help guide future policy decisions and applications. The book informs both those who are interested in evaluating the current state of affairs of Victim-Offender Mediation with youth offenders in Europe, and those who would like to promote Victim-Offender Mediation in their own countries. The common format used in each chapter facilitates comparison across countries. Per country, five areas of investigation are explored and discussed: norms and legislation allowing for the implementation of victim-offender mediation programmes; values and theoretical frameworks of victim-offender mediation; organizational structure of victim-offender mediation services; professional characteristics of mediators; benefits, potential problems, and criticisms of current practice.

Mastering Mediation Education

F. Schonewille,Martin Euwema
Mastering Mediation Education Book PDF

Author : F. Schonewille,Martin Euwema
Publisher : Maklu
Page : 112 pages
File Size : 55,9 Mb
Release : 2012
Category : Law
ISBN : 9789046605745

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Mastering Mediation Education by F. Schonewille,Martin Euwema Pdf

Nowadays, mediation education is implemented at all levels in society: from kindergarten and primary school education ('peer mediation') to university and post-graduate master programs. The length and intensity varies tremendously: from two day courses, to two year programs. In this respect, mediation is comparable to sports or the fine arts. One can practice this intuitively, and with basic training at grass roots level, further develop this at the professional level, and become a master in mediation. On the professional level, mediation is a respected part of the judicial process and the mediator is recognized as a full partner in the process of conflict management and dispute resolution - an expert with specific knowledge and skills to assist as a third party. To achieve this, a high quality education in mediation is essential. Otherwise, mediation will be seen, particularly by other professions and professionals, as a 'soft skills' and a secondary service. At the professional level, how should an education be developed? What roles should universities play in mediation education? What are the trends and what are the necessary steps to take, to further develop this young profession into evidence-based practices? These questions formed the theme of an international symposium in Utrecht - "Mastering Mediation Education" - organized by the Universities of Utrecht and Leuven. The mediation topics discussed at the symposium are presented in this book.

Restoring Justice and Security in Intercultural Europe

Brunilda Pali,Ivo Aertsen
Restoring Justice and Security in Intercultural Europe Book PDF

Author : Brunilda Pali,Ivo Aertsen
Publisher : Routledge
Page : 266 pages
File Size : 50,8 Mb
Release : 2017-09-14
Category : Social Science
ISBN : 9781317310020

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Restoring Justice and Security in Intercultural Europe by Brunilda Pali,Ivo Aertsen Pdf

The intercultural contexts and new configurations in Europe offer fertile ground for social conflict, tensions and threat. This book challenges predominant and fear inducing approaches of justice and security as they appear in intercultural contexts, and develops alternative understandings by exploring both theoretically and empirically the potential of dialogic and restorative justice oriented actions in sensitive areas of living together. The book offers unique opportunities for rethinking frames of (in)justice, (in)security, and their intersections, and for reshaping European practices and policies in a more sustainable way. This book is based on an innovative and exploratory action research project in four European countries, which challenges the obsessive focus on security concerns, the merging of the security discourse with intercultural contexts, and the emphasis on technology and surveillance as a way to conceive the doing of security. Both the project and the book offer another vision on what security means and how it can be done, by multiplying participatory encounters between different groups in society, promoting opportunities for deliberations and dialogue about alternative forms of conviviality. The book is one of two volumes resulting from the work by a group of researchers in six European countries having cooperated intensively during four years in ALTERNATIVE, an action research project funded under the EU Seventh Framework Programme.

Victim-Offender Mediation in Europe

EUFORUMRJ
Victim Offender Mediation in Europe Book PDF

Author : EUFORUMRJ
Publisher : Leuven University Press
Page : 384 pages
File Size : 54,5 Mb
Release : 2000-06-21
Category : Social Science
ISBN : 9789058670359

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Victim-Offender Mediation in Europe by EUFORUMRJ Pdf

This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way. In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.

Victims of Crime and Community Justice

Brian Williams
Victims of Crime and Community Justice Book PDF

Author : Brian Williams
Publisher : Jessica Kingsley Publishers
Page : 176 pages
File Size : 55,9 Mb
Release : 2005-05-15
Category : Social Science
ISBN : 1846421519

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Victims of Crime and Community Justice by Brian Williams Pdf

Can a victim's experience really be improved purely by diminishing the rights of offenders and increasing penalties for offending? Writing at a time when the UK is beginning to accept that an offender-led criminal justice system cannot provide direct benefits to the victim of crime, Dr Brian Williams lays bare the assumptions about victims and offenders that currently restrict efficient policy-making. He evaluates proposed solutions, including restorative justice and informal community justice, and draws on evidence and experiences from the UK and around the world to investigate which measures have proved effective and how criminal justice policies might be redressed. This book provides a thorough and comprehensive analysis of the topic for students of criminology and victimology, and is essential reading for practitioners in social work and probation officers.

Restorative Justice in Practice

Joanna Shapland,Gwen Robinson,Angela Sorsby
Restorative Justice in Practice Book PDF

Author : Joanna Shapland,Gwen Robinson,Angela Sorsby
Publisher : Taylor & Francis
Page : 240 pages
File Size : 42,6 Mb
Release : 2011-07-15
Category : Social Science
ISBN : 9781136652967

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Restorative Justice in Practice by Joanna Shapland,Gwen Robinson,Angela Sorsby Pdf

Restorative justice has made significant progress in recent years and now plays an increasingly important role in and alongside the criminal justice systems of a number of countries in different parts of the world. In many cases, however, successes and failures, strengths and weaknesses have not been evaluated sufficiently systematically and comprehensively, and it has been difficult to gain an accurate picture of its implementation and the lessons to be drawn from this. Restorative Justice in Practice addresses this need, analyzing the results of the implementation of three restorative justice schemes in England and Wales in the largest and most complete trial of restorative justice with adult offenders worldwide. It aims to bring out the practicalities of setting up and running restorative justice schemes in connection with criminal justice, the costs of doing so and the key professional and ethical issues involved. At the same time the book situates these findings within the growing international academic and policy debates about restorative justice, addressing a number of key issues for criminal justice and penology, including: how far victim expectations of justice are and can be met by restorative justice aligned with criminal justice whether ‘community’ is involved in restorative justice for adult offenders and how this relates to social capital how far restorative justice events relate to processes of desistance (giving up crime), promote reductions in reoffending and link to resettlement what stages of criminal justice may be most suitable for restorative justice and how this relates to victim and offender needs the usefulness of conferencing and mediation as forms of restorative justice with adults. Restorative Justice in Practice will be essential reading for both students and practitioners, and a key contribution to the restorative justice debate.

The Mediation Process

Christopher W. Moore
The Mediation Process Book PDF

Author : Christopher W. Moore
Publisher : John Wiley & Sons
Page : 704 pages
File Size : 40,9 Mb
Release : 2014-04-07
Category : Law
ISBN : 9781118421529

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The Mediation Process by Christopher W. Moore Pdf

The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation

Victims and Restorative Justice

Inge Vanfraechem,Daniela Bolívar Fernández,Ivo Aertsen
Victims and Restorative Justice Book PDF

Author : Inge Vanfraechem,Daniela Bolívar Fernández,Ivo Aertsen
Publisher : Routledge
Page : 278 pages
File Size : 49,5 Mb
Release : 2015-05-15
Category : Social Science
ISBN : 9781135092900

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Victims and Restorative Justice by Inge Vanfraechem,Daniela Bolívar Fernández,Ivo Aertsen Pdf

Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims’ personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.