Mediation Law

Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 51,5 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 : David Spencer,Michael Brogan
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,7 Mb
Release : 2007-01-22
Category : Law
ISBN : 9781316582770

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Mediation Law and Practice by David Spencer,Michael Brogan Pdf

Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

Author : Laurence Boulle,Michael T. Colatrella (Jr.),Anthony P. Picchioni
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2023
Category : Conflict management
ISBN : 1531026133

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Mediation by Laurence Boulle,Michael T. Colatrella (Jr.),Anthony P. Picchioni Pdf

Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.

Author : Penelope McRedmond
Publisher : Bloomsbury Publishing
Page : 440 pages
File Size : 43,5 Mb
Release : 2018-11-16
Category : Law
ISBN : 9781780436920

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Mediation Law by Penelope McRedmond Pdf

In September 2017 the Government passed the Mediation Act 2017. This Act sets out a statutory framework integrating mediation into the Irish civil justice system. The 2017 Act aims to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs, speeding up the resolution of disputes and reducing the stress and acrimony that often accompanies court proceedings. This new title focuses on the 2017 Act and takes the reader through it section by section, analysing the meaning and impact of each. In addition this is the first book in Ireland to draw together the law from many different disciplines and apply them to mediation. The relevance of the law of contract to mediation and the law relevant to family law mediations are particularly highlighted. The book also examines the law relevant to mediation in the context of the fundamental principles of mediation. The voluntary nature of mediation, the self determination of the parties, the neutrality and impartiality of the mediator and particularly the importance of confidentiality in the mediation process are therefore all explained in relation to the legal issues that arise as a consequence of their relevance to the mediation process. The book enables the reader to understand the relationship between the Mediation Act and the civil justice system with a detailed look at the relevant Rules of Court their interaction with the Act and application by the Courts. In European Union law the impact of the Directive on certain aspects of mediation in civil and commercial matters 2008 is referenced throughout the book. The book also examines a number of statutory procedures that fall outside the Mediation Act, giving a convenient, easily accessible description of the mediation processes under the following: · Workplace Relations Act 2015 · The Residential Tenancies Act 2004 · The Disability Act 2005 · The Multi-Unit Developments Act 2011 · The Civil Liability and Courts Act 2004 · The Financial and Pensions Ombudsman Act 2017 Penelope McRedmond is a UK and US Lawyer and certified mediator. She taught constitutional law for a number of years in the UK and has recently been working as an independent researcher and writer while also lecturing on mediation at the Irish School of Ecumenics at Trinity College Dublin.

Author : Penny Brooker
Publisher : Routledge
Page : 320 pages
File Size : 41,5 Mb
Release : 2013-10-23
Category : Law
ISBN : 9781136018886

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Mediation Law by Penny Brooker Pdf

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Author : Karl Härter,Carolin F. Hillemanns,Günther Schlee
Publisher : Berghahn Books
Page : 238 pages
File Size : 44,9 Mb
Release : 2020-09-09
Category : Business & Economics
ISBN : 9781789208702

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On Mediation by Karl Härter,Carolin F. Hillemanns,Günther Schlee Pdf

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

Author : Cinnie Noble
Publisher : Canada Law Book
Page : 183 pages
File Size : 46,5 Mb
Release : 1999
Category : Law
ISBN : 0888043082

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Family Mediation by Cinnie Noble Pdf

Author : Laurence Boulle,Miryana Nesic
Publisher : Unknown
Page : 617 pages
File Size : 44,5 Mb
Release : 2001
Category : Conflict management
ISBN : 0406927472

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Mediation by Laurence Boulle,Miryana Nesic Pdf

The principles & process involved in mediation are universal to the legal profession the world over, as are the questions that arise from this subject. This book is designed specifically to answer those questions & shed light on the skills & issues that need to be understood to make mediation work. The book will bring you all the information you need to fully understand the benefits of mediation, how & when mediation might be used, how to use it successfully & how to establish an Alternative Dispute Resolution programme.

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 50,9 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.

Author : Nadja Alexander,Sabine Walsh,Martin Svatos
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 45,8 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.

Author : Marian Roberts
Publisher : Routledge
Page : 352 pages
File Size : 49,8 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781317098461

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Mediation in Family Disputes by Marian Roberts Pdf

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Author : David Spencer,Michael Brogan
Publisher : Cambridge University Press
Page : 554 pages
File Size : 48,8 Mb
Release : 2006
Category : Law
ISBN : 0521676940

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Mediation Law and Practice by David Spencer,Michael Brogan Pdf

"This book is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution.

Author : Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor
Publisher : Kluwer Law International B.V.
Page : 325 pages
File Size : 46,9 Mb
Release : 2021-12-08
Category : Law
ISBN : 9789403542928

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Mediation in the Reflection of Law and Society by Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor Pdf

Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.

Author : Andrew J. Pirie
Publisher : Unknown
Page : 472 pages
File Size : 53,6 Mb
Release : 2000
Category : Dispute resolution (Law)
ISBN : STANFORD:36105062233155

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Alternative Dispute Resolution by Andrew J. Pirie Pdf

Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them. The book covers the major disputing processe.

Author : Samantha Hardy,Olivia Rundle
Publisher : CCH Australia Limited
Page : 545 pages
File Size : 54,7 Mb
Release : 2010
Category : Law
ISBN : 9781921485695

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Mediation for Lawyers by Samantha Hardy,Olivia Rundle Pdf

The focus of this book is on practical application of theory. The book is founded in current mediation theory relating to the range of models used in Australia, and includes detailed contextual information including the legislative frameworks for mediation in different jurisdictions. 'Mediation for Lawyers' provides practical advice and tools (checklists) for legal practitioners who represent clients in mediation.