International And Comparative Mediation

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International and Comparative Mediation

Nadja Marie Alexander
International and Comparative Mediation Book PDF

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 55,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041132246

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International and Comparative Mediation by Nadja Marie Alexander Pdf

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Mediation

Klaus J. Hopt,Felix Steffek
Mediation Book PDF

Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 49,7 Mb
Release : 2018-12-13
Category : Law
ISBN : 9780191669354

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Mediation by Klaus J. Hopt,Felix Steffek Pdf

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

The Comparative Law Yearbook of International Business

Christian Campbell
The Comparative Law Yearbook of International Business Book PDF

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 225 pages
File Size : 50,7 Mb
Release : 2020-03-23
Category : Law
ISBN : 9789403522500

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The Comparative Law Yearbook of International Business by Christian Campbell Pdf

Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled “mediation”. While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries’ overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.

New Developments in Civil and Commercial Mediation

Carlos Esplugues,Louis Marquis
New Developments in Civil and Commercial Mediation Book PDF

Author : Carlos Esplugues,Louis Marquis
Publisher : Springer
Page : 762 pages
File Size : 49,9 Mb
Release : 2015-09-11
Category : Law
ISBN : 9783319181356

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New Developments in Civil and Commercial Mediation by Carlos Esplugues,Louis Marquis Pdf

By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Multi-Tier Approaches to the Resolution of International Disputes

Anselmo Reyes,Weixia Gu
Multi Tier Approaches to the Resolution of International Disputes Book PDF

Author : Anselmo Reyes,Weixia Gu
Publisher : Cambridge University Press
Page : 545 pages
File Size : 43,6 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108490603

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Multi-Tier Approaches to the Resolution of International Disputes by Anselmo Reyes,Weixia Gu Pdf

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Comparative Dispute Resolution

Maria F. Moscati,Michael Palmer,Marian Roberts
Comparative Dispute Resolution Book PDF

Author : Maria F. Moscati,Michael Palmer,Marian Roberts
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 45,9 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781786433039

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Comparative Dispute Resolution by Maria F. Moscati,Michael Palmer,Marian Roberts Pdf

Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

Global Trends in Mediation

Nadja Marie Alexander
Global Trends in Mediation Book PDF

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 44,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125712

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Global Trends in Mediation by Nadja Marie Alexander Pdf

In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

Comparative and Transnational Dispute Resolution

Shahla Ali
Comparative and Transnational Dispute Resolution Book PDF

Author : Shahla Ali
Publisher : Taylor & Francis
Page : 255 pages
File Size : 44,9 Mb
Release : 2023-02-10
Category : Law
ISBN : 9781000825039

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Comparative and Transnational Dispute Resolution by Shahla Ali Pdf

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

Mediation in International Commercial and Investment Disputes

Catharine Titi,Katia Fach Gomez
Mediation in International Commercial and Investment Disputes Book PDF

Author : Catharine Titi,Katia Fach Gomez
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 42,5 Mb
Release : 2019
Category : Law
ISBN : 9780198827955

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Mediation in International Commercial and Investment Disputes by Catharine Titi,Katia Fach Gomez Pdf

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

International Commercial Mediation

Ronán Feehily
International Commercial Mediation Book PDF

Author : Ronán Feehily
Publisher : Cambridge University Press
Page : 369 pages
File Size : 42,6 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781108877480

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International Commercial Mediation by Ronán Feehily Pdf

In this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.

Mediation of International Conflicts

Lesley G. Terris
Mediation of International Conflicts Book PDF

Author : Lesley G. Terris
Publisher : Taylor & Francis
Page : 242 pages
File Size : 47,6 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781315467764

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Mediation of International Conflicts by Lesley G. Terris Pdf

This book examines the use of third-party mediation as a conflict resolution method. In an attempt to explain why some, but not all, conflicts are mediated, this work argues that diverse conflict structures are inherently different in their susceptibility to mediation attempts. By offering a systematic method for measuring the transformability of conflict structures, this book contributes to our understanding of the sufficient and necessary conditions for mediation. In addition, the study offers an analytical framework for the examination of mediation as a trilateral rational bargaining process. Although the general concept of mediation as a three-person game is not new, most studies focus on either the disputants' perspectives or the mediator's perspective. In contrast, this study integrates the perspectives of all three parties. The framework links the different stages involved in the whole process of mediation, from the onset of mediation, through the mediation strategies used, to the outcome, rather than focusing on one particular aspect. The book applies the framework to two case studies – the conflict between Israel and Egypt and the conflict between India and Pakistan – and provides new insights into these conflicts from a mediation perspective. In general, the model developed here provides a framework for systematically assessing conflicts and the options available to those involved in the mediation process. This book will be of much interest to students of conflict resolution, mediation, war and conflict studies, Asian politics, Middle Eastern politics and IR in general.

Comparative Law Yearbook of International Business

Christian Campbell
Comparative Law Yearbook of International Business Book PDF

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 187 pages
File Size : 46,8 Mb
Release : 2021-05-18
Category : Law
ISBN : 9789403531649

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Comparative Law Yearbook of International Business by Christian Campbell Pdf

Climate change and the COVID-19 pandemic have brought into focus how vulnerable our “normal” lives are. More than ever, there is a need to regulate the competition for and exploitation of increasingly scare natural resources. But how are the competing interests to be balanced? And who is to undertake the regulation? The air, the climate, and the seas escape national boundaries. And while the reset of the pandemic may have alleviated some of the pressure, it has also highlighted how health and hygiene regimes are of global importance. The present volume does not capture the breadth or depth of current concerns of international environmental law. However, it does offer eight amuse-bouches to whet readers’ intellectual appetites: EU perspectives on habitat protection and risk management in times of climate change and health crises; WTO perspectives on the renewable energy sector and the protection of marine habitats; a discourse on how international law imposes environmental responsibilities with regard to disputed maritime areas; a comparison of national regulations against each other and the international framework for dealing with plastic waste; a look at Kuwait’s evolving approach to waste disposal and management; an examination of Brazil’s legal framework for dam safety in the wake of recent catastrophic events; and finally, a pioneering Third World Approaches to International Law (TWAIL) in regard to destruction of the Amazon

Environmental Mediation

Catherine Choquette,Véronique Fraser
Environmental Mediation Book PDF

Author : Catherine Choquette,Véronique Fraser
Publisher : Routledge
Page : 224 pages
File Size : 49,6 Mb
Release : 2017-12-14
Category : Law
ISBN : 9781351691741

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Environmental Mediation by Catherine Choquette,Véronique Fraser Pdf

Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.

Dispute Resolution Methods:Comparative Law Yearbook of International Business Special Issue

Dennis Campbell
Dispute Resolution Methods Comparative Law Yearbook of International Business Special Issue Book PDF

Author : Dennis Campbell
Publisher : Springer
Page : 0 pages
File Size : 47,8 Mb
Release : 1994-12-23
Category : Law
ISBN : 1859661807

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Dispute Resolution Methods:Comparative Law Yearbook of International Business Special Issue by Dennis Campbell Pdf

This volume examines the important area of dispute resolution. Its main focus is upon those methods of resolving disputes which provide alternatives to the existing judicial system. Under discussion are the most prominent of these methods -- arbitration, mediation and conciliation -- as well as others, such as mini-trials, valuations and dispute review boards. The authors are eminent legal practitioners and scholars from countries spanning the five continents. Consequently, the volume consists of accounts relating to the use of alternative dispute resolution methods in these countries. The pros and cons of each method are examined, together with the procedures involved, their applicability to certain types of cases and their future development. This work also includes a chapter devoted entirely to International Fast-Trac Commercial Arbitration, which describes how fast-track clauses may be utilized in international commercial contracts to ensure that disputes are resolved rapidly and efficiently. The future for such clauses in individual countries is discussed and a comparative analysis given.

Court-Connected Construction Mediation Practice

Andrew Agapiou,Deniz Artan Ilter
Court Connected Construction Mediation Practice Book PDF

Author : Andrew Agapiou,Deniz Artan Ilter
Publisher : Taylor & Francis
Page : 124 pages
File Size : 55,7 Mb
Release : 2016-11-10
Category : Technology & Engineering
ISBN : 9781317609896

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Court-Connected Construction Mediation Practice by Andrew Agapiou,Deniz Artan Ilter Pdf

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.