New Developments in Civil and Commercial Mediation 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 New Developments in Civil and Commercial Mediation PDF full book. Access full book title New Developments in Civil and Commercial Mediation by Carlos Esplugues. Download full books in PDF and EPUB format.
Author: Carlos Esplugues
Publisher: Springer
ISBN: 3319181351
Category : Law
Languages : en
Pages : 785
Get Book Here
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.
Author: Carlos Esplugues
Publisher: Springer
ISBN: 3319181351
Category : Law
Languages : en
Pages : 785
Get Book Here
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.
Author: Klaus J. Hopt
Publisher: Oxford University Press
ISBN: 0191669350
Category : Law
Languages : en
Pages : 1424
Get Book Here
Book Description
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: Catharine Titi
Publisher: Oxford University Press
ISBN: 0192562991
Category : Law
Languages : en
Pages : 400
Get Book Here
Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author: Kevin Brown
Publisher: Cambridge Scholars Publishing
ISBN: 1527520625
Category : Political Science
Languages : en
Pages : 292
Get Book Here
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.
Author: Dacian C. Dragos
Publisher: Springer
ISBN: 3642349463
Category : Law
Languages : en
Pages : 624
Get Book Here
Book Description
This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Author: Jean-Sylvestre Bergé
Publisher: Primento
ISBN: 2802751646
Category : Law
Languages : en
Pages : 747
Get Book Here
Book Description
European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).
Author: Katalien Bollen
Publisher: Springer
ISBN: 331942842X
Category : Psychology
Languages : en
Pages : 262
Get Book Here
Book Description
This book compares the unique features of workplace mediation to other contexts of mediation, as well as the specific competences each situation requires of the mediator. It covers many important issues related to workplace mediation and discusses interventions by managers, such as conflict coaching and informal mediation. It proposes a new model to assess the effectiveness of mediation, and discusses the impact of legal systems, HRM policies, as well as power structures, and cultural differences. The book takes into account perspectives from multiple disciplines, such as management, business, psychology, law and sociology. It also discusses mediation aspects from a variety of cultural and regional contexts. The book advances knowledge about the application, process and effects of workplace mediation and includes practical tips for scholars, practitioners, mediators and managers to enhance their mediation practice or to foster constructive conflict management in organizations.
Author: Rosa Pérez Martell
Publisher:
ISBN: 9788498761948
Category : Law
Languages : es
Pages : 174
Get Book Here
Book Description
Author: S.I. Strong
Publisher: Edward Elgar Publishing
ISBN: 1849807876
Category : Foreign Language Study
Languages : en
Pages : 721
Get Book Here
Book Description
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Author: Luis Cueto Preciado
Publisher: Lulu.com
ISBN: 1105532755
Category : Business & Economics
Languages : es
Pages : 175
Get Book Here
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.
