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Author: Rosa Pérez Martell
Publisher:
ISBN: 9788498761948
Category : Law
Languages : es
Pages : 174
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Book Description
Author: Rosa Pérez Martell
Publisher:
ISBN: 9788498761948
Category : Law
Languages : es
Pages : 174
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Book Description
Author: Klaus J. Hopt
Publisher: Oxford University Press
ISBN: 0191669350
Category : Law
Languages : en
Pages : 1424
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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: Kevin Brown
Publisher: Cambridge Scholars Publishing
ISBN: 1527520625
Category : Political Science
Languages : en
Pages : 292
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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: S.I. Strong
Publisher: Edward Elgar Publishing
ISBN: 1849807876
Category : Foreign Language Study
Languages : es
Pages : 721
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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: Sergio Serulnikov
Publisher: Duke University Press
ISBN: 0822385260
Category : History
Languages : en
Pages : 297
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Book Description
This innovative political history provides a new perspective on the enduring question of the origins and nature of the Indian revolts against the Spanish that exploded in the southern Andean highlands in the 1780s. Subverting Colonial Authority focuses on one of the main—but least studied—centers of rebel activity during the age of the Túpac Amaru revolution: the overwhelmingly indigenous Northern Potosí region of present-day Bolivia. Tracing how routine political conflict developed into large-scale violent upheaval, Sergio Serulnikov explores the changing forms of colonial domination and peasant politics in the area from the 1740s (the starting point of large political and economic transformations) through the early 1780s, when a massive insurrection of the highland communities shook the foundations of Spanish rule. Drawing on court records, government papers, personal letters, census documents, and other testimonies from Bolivian and Argentine archives, Subverting Colonial Authority addresses issues that illuminate key aspects of indigenous rebellion, European colonialism, and Andean cultural history. Serulnikov analyzes long-term patterns of social conflict rooted in local political cultures and regionally based power relations. He examines the day-to-day operations of the colonial system of justice within the rural villages as well as the sharp ideological and political strife among colonial ruling groups. Highlighting the emergence of radical modes of anticolonial thought and ethnic cooperation, he argues that Andean peasants were able to overcome entrenched tendencies toward internal dissension and fragmentation in the very process of marshaling both law and force to assert their rights and hold colonial authorities accountable. Along the way, Serulnikov shows, they not only widened the scope of their collective identities but also contradicted colonial ideas of indigenous societies as either secluded cultures or pliant objects of European rule.
Author: David Spencer
Publisher: Cambridge University Press
ISBN: 1316582779
Category : Law
Languages : en
Pages : 546
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Book Description
Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.
Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780681399
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
Author: X.E. Kramer
Publisher: Springer Science & Business Media
ISBN: 906704816X
Category : Law
Languages : en
Pages : 381
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Book Description
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 210
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Book Description
Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780682495
Category : Civil law
Languages : en
Pages : 0
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Book Description
Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
