Mediation In New Zealand

Author : Grant Morris,Annabel Shaw
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2018-04-30
Category : Electronic
ISBN : 1988553075

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Mediation in New Zealand by Grant Morris,Annabel Shaw Pdf

Mediation in New Zealand is a significant new text which is designed to be specifically relevant to New Zealand s mediation professionals, academics, and students. In achieving this objective, authors Grant Morris and Annabel Shaw explore New Zealand s mediation landscape from four different, but interconnected perspectives. The first six chapters examine New Zealand mediation s historical and theoretical context. Chapters 7 to 9 provide a skills-based analysis of mediation practice, and provide practical advice for mediators and mediation advocates. This is followed in chapters 10 to 13 by a systematic overview of prominent mediation specialist areas (including the first evidence-based analysis of commercial mediation in New Zealand). The final chapters examine professional issues relating to mediation, such as accreditation, confidentiality, and the rise of online dispute resolution. These features of Mediation in New Zealand ensure that the book will be a standard reference work for professional mediators, lawyers representing clients in mediation, parties to mediation, professionals who have some engagement with mediation, academics, law and ADR students, and those seeking to become accredited mediators.

Author : Peter Spiller
Publisher : Oxford University Press, USA
Page : 300 pages
File Size : 48,5 Mb
Release : 1999
Category : Law
ISBN : UOM:39015036370909

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Dispute Resolution in New Zealand by Peter Spiller Pdf

Dispute Resolution in New Zealand provides a comprehensive overview of the main forms of dispute resolution operating in New Zealand, namely negotiation, mediation, arbitration, and litigation. Relevant techniques and approaches are explored and evaluated, as are the ethical considerations and legal rules, where applicable. The book also explores the range of dispute resolution processes established through statute law, and contains valuable chapters on Maori and cross-cultural perspectives.

Author : Laurence Boulle,Virginia Goldblatt,Phillip Green
Publisher : Unknown
Page : 447 pages
File Size : 51,7 Mb
Release : 2014-12
Category : Dispute resolution (Law)
ISBN : 1927183383

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Mediation by Laurence Boulle,Virginia Goldblatt,Phillip Green Pdf

MEDIATION: SKILLS AND STRATEGIES focusses on the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators in their formal and informal roles as helper, facilitators, and supporters of decision making. Recognising that mediation is not only an 'art' but also a process that can be "understood, analysed, learned, practiced and improved", the authors have developed this work to assist practitioners and students of mediation to develop the problem solving, negotiation and decision making skills that are so critical for effective mediation. Adapted for New Zealand students and practitioners from the work Mediation Skills and Techniques by Boulle and Alexander, MEDIATION: SKILLS AND STRATEGIES complements the well regarded and comprehensive work Mediation: Principles, Process, Practice also by Boulle, Goldblatt and Green. It provides an invaluable addition to the library, learning and reference resources of current and aspiring mediators. Features: All mediator skills and techniques link to the New Zealand professional standards; Text is written in plain English; Focus is on the practical knowledge and skills; Illustrations and case studies are provided to explain important points; A range of documents and precedents are provided in the appendices

Author : Laurence Boulle,Virginia Goldblatt,Phillip Green
Publisher : Unknown
Page : 410 pages
File Size : 44,7 Mb
Release : 2008
Category : Dispute resolution (Law)
ISBN : 0408718870

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Mediation by Laurence Boulle,Virginia Goldblatt,Phillip Green Pdf

Written by specialist academics and practitioners, this book treats mediation in an integrated way and in the context of how it fits within the legal system. It is a valuable resource for teachers and students of mediation, legal practitioners, mediators, court officials, and other professionals with an interest in mediation. Mediation: Principles, Process, Practice provides a comprehensive account of mediation as it is currently practised in New Zealand. It reflects the rapid development in mediation over the past 10 years, including the growth and diversity of mediation practice, and the development of theory relating to mediation and associated processes. The textbook also focuses on the increased legalisation of mediation, and there is discussion of significant legislative and case law developments, particularly in relation to issues of confidentiality and "without prejudice".

Author : Karen Radich,Peter Franks
Publisher : Unknown
Page : 173 pages
File Size : 50,9 Mb
Release : 2013
Category : Conflict management
ISBN : 0864728077

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Employment Mediation by Karen Radich,Peter Franks Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 2020
Category : Mediation
ISBN : 1990019005

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Quick Guide to Employment Mediation by Anonim Pdf

Author : Charles Chauvel,Karen Spackman
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2005
Category : Conflict management
ISBN : 0864725310

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Employment Mediation by Charles Chauvel,Karen Spackman Pdf

From pay disputes to complaints of bullying and beyond, mediation is a resolution process enabling all those involved to sit down and reach a settlement together a structured opportunity to achieve a solution in a constructive and consultative environment where both sides, without fear or favour, get to have their say. Employment Mediation is written by leading employment lawyers Karen Spackman and Charles Chauvel, partners with high-profile law firm Minter Ellison Rudd Watts. This is a valuable, easy-to-read guide to the mediation process in New Zealand: a 'must have' for anyone who looks after employees regardless of their immediate involvement or which side of the fence they sit on.

Author : J. Bercovitch,J. Rubin
Publisher : Springer
Page : 302 pages
File Size : 48,8 Mb
Release : 1994-01-13
Category : Political Science
ISBN : 9780230374690

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Mediation in International Relations by J. Bercovitch,J. Rubin Pdf

This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.

Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 42,9 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.

Author : Penny Brooker,Suzanne Wilkinson
Publisher : Routledge
Page : 252 pages
File Size : 46,8 Mb
Release : 2010-07-19
Category : Law
ISBN : 9781134029297

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Mediation in the Construction Industry by Penny Brooker,Suzanne Wilkinson Pdf

The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

Author : John Winslade,Gerald D. Monk
Publisher : John Wiley & Sons
Page : 342 pages
File Size : 49,8 Mb
Release : 2008-09-22
Category : Law
ISBN : 9780787994747

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Practicing Narrative Mediation by John Winslade,Gerald D. Monk Pdf

Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."

Author : Jennifer L. Schulz
Publisher : Routledge
Page : 161 pages
File Size : 45,8 Mb
Release : 2020-03-09
Category : Law
ISBN : 9780429602047

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Mediation & Popular Culture by Jennifer L. Schulz Pdf

This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

Author : Gabrielle M. Maxwell,James H Liu
Publisher : Wipf and Stock Publishers
Page : 368 pages
File Size : 53,9 Mb
Release : 2010-09-01
Category : Religion
ISBN : 9781725228849

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Restorative Justice and Practices in New Zealand by Gabrielle M. Maxwell,James H Liu Pdf

The quest for justice has been a powerful driving force in all human societies. In recent times, the notion of restorative justice has gained currency. To achieve restorative justice all those affected by a crime must be involved in finding a solution--one that repairs the harm and restores the broken relationships. This means striving to rebuild the damaged lives not only of those who have sufferd but also of those who have caused suffering to others. It means that healing of hurts, the reconciliation of offenders and victims, and the eventual reintegration into the community of those who have offended, as responsible and productive members of society. This is no easy task. But it is vital to building a cohesive, inclusive, and fair society. Moreover, restorative practices need not be limited to the criminal justice arena. They are equally applicable in other fields of human endeavour where people have been harmed and where the restoration of broken relationships is needed. This book provides an account of how restorative processes and practices are being applied in New Zealand in the justice system, education, civil disputes, and governmental responses to historical wrongs. It will be a valuable source of ideas and inspiration for all those who are seeking to build a more restorative society.

Author : National Working Party On Mediation Staff
Publisher : Unknown
Page : 105 pages
File Size : 40,9 Mb
Release : 1996
Category : Domestic relations
ISBN : 0408714573

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Guidelines for Family Mediation by National Working Party On Mediation Staff Pdf

A discussion of the key principles and problems in family mediation, a form of dispute resolution offering an alternative to litigation. The book is arranged in subtopics under nine general headings. The work was initiated by Relationship Services in 1994, and prepared by a National Working Party consisting of people with experience in the legal and counselling professions.

Author : Anna Howard
Publisher : Kluwer Law International B.V.
Page : 340 pages
File Size : 52,8 Mb
Release : 2021-01-13
Category : Law
ISBN : 9789403518046

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EU Cross-Border Commercial Mediation by Anna Howard Pdf

Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular on the European Union’s (EU’s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.