Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 336
Book Description
Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 336
Book Description
Mediation across the Globe
Author: Kevin BrownPublisher: Cambridge Scholars Publishing
ISBN: 1527520625
Category : Political Science
Languages : en
Pages : 292
Book Description
Every mediator recalls how difficult it was to break into the field of Alternative Dispute Resolution (ADR) and how gaining initial experience was near impossible. This eye-opening book provides insights into what success looks like in a mediation practice. The Annual World Mediation Summit brings some of the most forward-thinking international conflict experts together in this book sharing their accounts of how mediation is used to resolve interpersonal and international conflicts so that participants walk away from the conflict with win-win solutions. This book will appeal to anyone interested in practical experiences in mediation across the globe, or wanting to discover how the most successful mediators operate. It is also appropriate for anyone interested in learning from successful judges, lawyers and mediators. Furthermore, this book will be useful to anyone who wants to learn about how mediation works worldwide and to learn from mediators’ challenges and capitalize on their successes. The twenty plus chapters here are written by authors from across the globe supporting the use of mediation in place of other more complicated systems. Their experiences are thoughtfully and clearly described in this book.
New Developments in Civil and Commercial Mediation
Author: Carlos EspluguesPublisher: Springer
ISBN: 3319181351
Category : Law
Languages : en
Pages : 785
Book Description
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.
Negociaciones y Mediación
Author: Luis Cueto PreciadoPublisher: Lulu.com
ISBN: 1105532755
Category : Business & Economics
Languages : es
Pages : 175
Book Description
¿Qué fue primero, el huevo o la gallina? Actualmente la mediación ya comienza a aparecer como un procedimiento formal de resolución de conflictos en la sociedad mexicana; sin embargo, para poder establecerla como un proceso efectivo y habitual para resolver disputas, debe haber educación formal para comunicar efectivamente a la sociedad de la existencia y bondades del proceso. Este libro combina teorías y bibliografía en diferentes áreas académicas y profesionales, como son la psicología, la ley, y diferentes estudios culturales; y añadiendo mis propios análisis, experiencias interpretaciones, ideas, y comentarios ofreciendo al lector una base para formar su propio criterio. Por otro lado, es importante decir que este libro puede servir también como un texto académico, un manual de consulta, e incluso un libro de ayuda o superación personal por lo que lo estructuré en con un vocabulario claro y sencillo evitando, en la medida de lo posible, los tecnicismos jurídicos y psicológicos.
ADR in Business
Author: Jean-Claude GoldsmithPublisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690
Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Comparative Restorative Justice
Author: Theo GavrielidesPublisher: Springer Nature
ISBN: 303074874X
Category : Social Science
Languages : en
Pages : 365
Book Description
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
The New Regulatory Framework for Consumer Dispute Resolution
Author: Pablo CortésPublisher: Oxford University Press
ISBN: 0191079073
Category : Law
Languages : en
Pages : 513
Book Description
Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
The Construction of the Customary Law of Peace
Author: Cecilia M. BaillietPublisher: Edward Elgar Publishing
ISBN: 180037187X
Category : Law
Languages : en
Pages : 256
Book Description
This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
Research Handbook on Intellectual Property Rights and Arbitration
Author: Simon KlopschinskiPublisher: Edward Elgar Publishing
ISBN: 180037836X
Category : Law
Languages : en
Pages : 603
Book Description
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.
Restoring Justice in Colombia
Author: S. MahanPublisher: Springer
ISBN: 1137270853
Category : Political Science
Languages : en
Pages : 178
Book Description
Examining the 'Conciliation in Equity' program in Colombia, this book provides a dramatic, cross-cultural example of community justice and a model for developing alternative methods of resolving crime and conflict.
