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Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041158677
Category : Law
Languages : en
Pages : 615
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Book Description
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: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041158677
Category : Law
Languages : en
Pages : 615
Get Book Here
Book Description
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: Raymond Hai Ming Leung
Publisher:
ISBN: 9789626617335
Category : Dispute resolution (Law)
Languages : en
Pages : 369
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Book Description
Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
Category : Law
Languages : en
Pages : 530
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Book Description
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432
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Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Danny McFadden
Publisher:
ISBN: 9789811481109
Category : Dispute resolution (Law)
Languages : en
Pages : 566
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Book Description
This 3rd edition is being published during an unprecedented global pandemic. However, in recent years, Singapore has continued to improve and add to its mediation movement and institutions which have helped it to face the challenges brought on by Covid-19. The reader will benefit not only from learning about the history and the current mediation scene in Singapore, but also the new regulations and institutions which have been created to further enhance Singapore's claim to be a prominent centre for effective dispute resolution in Asia and globally.
Author: Harbans Singh K. S.
Publisher:
ISBN: 9789672339434
Category :
Languages : en
Pages :
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Book Description
Author: Alexia Georgakopoulos
Publisher: Routledge
ISBN: 1317300696
Category : Business & Economics
Languages : en
Pages : 908
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Book Description
The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.
Author: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
ISBN: 9041192743
Category : Law
Languages : en
Pages : 2862
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Book Description
Arbitration in Switzerland
Author: Cyril Chern
Publisher: CRC Press
ISBN: 1317663462
Category : Law
Languages : en
Pages : 423
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Book Description
Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: • In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law. • Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. • In-depth discussion of the ethical requirements relating to mediation and mediators. • Sample forms for use in commencing mediation. • In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. • General forms for use in complex international mediation, form agenda and mediation statements. • Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. • Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. • International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.
Author: Christopher W. Moore
Publisher: John Wiley & Sons
ISBN: 0470573449
Category : Law
Languages : en
Pages : 626
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Book Description
Praise for Handbook of Global and Multicultural Negotiation "In today's globalized world, few competencies are as essential as the ability to negotiate across cultures. In this insightful and practical book, Chris Moore and Peter Woodrow draw on their extensive global experience to help us understand the intricacies of seeking to reach intercultural agreements and show us how to get to a wise yes. I recommend it highly!" William Ury coauthor, Getting to Yes, and author, The Power of a Positive No "Rich in the experience of the authors and the lessons they share, we learn that culture is more than our clothing, rituals, and food. It is the way we arrange time, space, language, manners, and meaning. This book teaches us to understand our own culture so we are open to the other and gives us practical strategies to coordinate our cultural approaches to negotiations and reach sustainable agreements." Meg Taylor compliance advisor/ombudsman of the World Bank Group and former ambassador of Papua New Guinea to the United States of America and Mexico "In a globalized multicultural world, everyone from the president of the United States to the leaders of the Taliban, from the CEO of Mittal Steel to the steelworkers in South Africa, needs to read this book. Chris Moore and Peter Woodrow have used their global experience and invented the definitive tool for communication in the twenty-first century!" Vasu Gounden founder and executive director, ACCORD, South Africa "Filled with practical advice and informed by sound research, the Handbook of Global and Multicultural Negotiation brings into one location an extraordinary and comprehensive set of resources for navigating conflict and negotiation in our multicultural world. More important, the authors speak from decades of experience, providing the best book on the topic to date a gift to scholars and practitioners alike." John Paul Lederach Professor of International Peacebuilding, Kroc Institute, University of Notre Dame
