[PDF] International And Comparative Mediation eBook

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 40,80 MB
Release : 2009-01-01
Category : Law
ISBN : 9041132244

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"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 : Klaus J. Hopt
Publisher : Oxford University Press
Page : pages
File Size : 49,47 MB
Release : 2018-12-13
Category : Law
ISBN : 0191669350

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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 : Anselmo Reyes
Publisher : Cambridge University Press
Page : 545 pages
File Size : 46,45 MB
Release : 2021-12-16
Category : Law
ISBN : 1108490603

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

Author : Julian D. M. Lew
Publisher : Kluwer Law International B.V.
Page : 994 pages
File Size : 43,46 MB
Release : 2003-01-01
Category : Law
ISBN : 9041115684

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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 225 pages
File Size : 22,44 MB
Release : 2020-03-23
Category : Law
ISBN : 940352250X

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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.

Author : Carlos Esplugues
Publisher : Springer
Page : 785 pages
File Size : 31,38 MB
Release : 2015-09-11
Category : Law
ISBN : 3319181351

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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.

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 36,14 MB
Release : 2006-01-01
Category : Law
ISBN : 904112571X

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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.

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 245 pages
File Size : 47,31 MB
Release : 2023-06-12
Category : Law
ISBN : 9403501073

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The Comparative Law Yearbook of International Business, published under the aegis of the Center for International Legal Studies, Austria, in this 44th volume, aims to add to the contemporary discourse by exploring a wide array of challenges faced in the arena of business law. It serves to provide insight to business law practitioners and academics on the latest developments. The following topics have been discussed: How uniformity of the treaties and conventions is compromised after they are subjected to the varied interpretation of domestic law. How the contractual laws of different jurisdictions deal with situations such as global health crises. The role of the World Trade Organization in enhancing the legitimacy of global economic governance within the scope of the trade laws. How the concept of naked licensing in trademark law differs in the United States, United Kingdom, and India. How the best effort clauses operate as a mechanism to deal with unenforceable obligations in pandemic-like situations and how it is difficult to implement and comply with the same. Whether PRIME Finance is the last link in the global governance of financial institutions on international law-making or just a part of the social circle. Whether mediation should be made compulsory for all commercial litigation cases or is it time for the new rendition of Halsey v. Milton Keynes? The legal challenges faced by the adoption of Insurtech in the Fintech Industry. How the ex-post mechanism of Corporate Insolvency and Bankruptcy laws differs with respect to the rights and position of creditors in the liquidation process in India and Germany. How the Corporate Governance Code varies across different jurisdictions such as Mainland China, Hong Kong, South Korea, Singapore, Japan, and Germany. How the international investment law uncovers the inequalities between foreign investors and states, developed and developing states, and foreign and domestic investors. The authors are practitioners and academics from Argentina, Australia, Belgium, China, Finland, Germany, Hong Kong, India, Singapore, South Korea, and the United Kingdom. They provide a nuanced perspective on a large spectrum of issues witnessed in the arena of business laws.

Author : Paul F. Diehl
Publisher : John Wiley & Sons
Page : 259 pages
File Size : 18,17 MB
Release : 2013-08-27
Category : Political Science
ISBN : 0745661440

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Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.

Author : Nadja Alexander
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 40,68 MB
Release : 2017-03-15
Category : Law
ISBN : 9041158677

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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.