EU Mediation Law Handbook PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download EU Mediation Law Handbook PDF full book. Access full book title EU Mediation Law Handbook by Nadja Alexander. Download full books in PDF and EPUB format.
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: 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: Giuseppe De Palo
Publisher: OUP Oxford
ISBN: 0191636851
Category : Law
Languages : en
Pages : 653
Get Book Here
Book Description
A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
Author: Anna Howard
Publisher:
ISBN:
Category :
Languages : en
Pages : 255
Get Book Here
Book Description
EU Cross-Border Commercial Mediation' is a book which focuses 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 the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, 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.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833505
Category : Law
Languages : en
Pages : 820
Get Book Here
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
Category : Law
Languages : en
Pages : 530
Get Book Here
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: Nikos Lavranos
Publisher: Edward Elgar Publishing
ISBN: 1035316579
Category : Law
Languages : en
Pages : 617
Get Book Here
Book Description
In this substantially revised and updated second edition, this work examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU lawÕs impact on party autonomy and on the margin of appreciation available to arbitral tribunals. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.
Author: Kate Aubrey-Johnson
Publisher:
ISBN: 9781903307939
Category : Dispute resolution (Law)
Languages : en
Pages : 487
Get Book Here
Book Description
A guide to how mediation works in practice, this book covers civil, family, workplace and community mediation. Outlining the entire process, the authors also focus on the strategies, techniques and negotiation skills which ensure the best possible outcomes.
Author: Penelope McRedmond
Publisher: Bloomsbury Publishing
ISBN: 1780436920
Category : Law
Languages : en
Pages : 440
Get Book Here
Book Description
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: Maryam Salehijam
Publisher: Routledge
ISBN: 1000262464
Category : Law
Languages : en
Pages : 155
Get Book Here
Book Description
There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
Author: Susan Blake
Publisher: Oxford University Press, USA
ISBN: 9780198867326
Category :
Languages : en
Pages : 400
Get Book Here
Book Description
Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.
