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Author: Karl Härter
Publisher: Berghahn Books
ISBN: 178920870X
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.
Author: Karl Härter
Publisher: Berghahn Books
ISBN: 178920870X
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.
Author: Andrew F. Hayes
Publisher: Guilford Publications
ISBN: 146253466X
Category : Social Science
Languages : en
Pages : 714
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Book Description
This book has been replaced by Introduction to Mediation, Moderation, and Conditional Process Analysis, Third Edition, ISBN 978-1-4625-4903-0.
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: Gary J. Friedman
Publisher: TradeSelect
ISBN:
Category : Law
Languages : en
Pages : 348
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Book Description
This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.
Author: Jennifer Schulz
Publisher: Routledge
ISBN: 0429602049
Category : Law
Languages : en
Pages : 166
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Book Description
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Author: Anna Howard
Publisher:
ISBN:
Category :
Languages : en
Pages : 255
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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: Angela Cora Garcia
Publisher: Cambridge University Press
ISBN: 1107024277
Category : Language Arts & Disciplines
Languages : en
Pages : 287
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Book Description
An original study of the language of mediation, which uses excerpts from real mediation sessions to illustrate how mediation works and how mediators can best help disputants make claims, present evidence and propose solutions. It will interest researchers and students of sociolinguistics, conversation analysis, and the sociology of law.
Author: Laurence Boulle
Publisher:
ISBN: 9781531026134
Category : Conflict management
Languages : en
Pages : 0
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Book Description
Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.
Author: Tony Whatling
Publisher: Jessica Kingsley Publishers
ISBN: 0857006274
Category : Law
Languages : en
Pages : 178
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Book Description
Mediation is a process that can be used to resolve conflict in many different dispute contexts. This book focuses on the essential skills and strategies needed by any mediator to be successful in their work. Tony Whatling draws on his extensive experience in the field of mediation to explain the range of skills and strategies that are commonly used, as well as why you would use different skills and when they are best employed. The author shows how, by adopting these techniques, a mediator can manage challenging conflicts. It features the use of questioning skills and how they can be used effectively, as well as how to deal with high emotion and negative responses. This book is essential for anyone who wants to improve their mediation skills, whether as a trainee, novice or experienced professional.
Author: Kyle Beardsley
Publisher: Cornell University Press
ISBN: 0801462622
Category : Political Science
Languages : en
Pages : 228
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Book Description
Mediation has become a common technique for terminating violent conflicts both within and between states; while mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations. The result of this oft-superficial approach to peacemaking, immediate and reassuring as it may be, is often a fragile peace. With the intervention of a third-party mediator, warring parties may formally agree to concessions that are insupportable in the long term and soon enough find themselves at odds again. Beardsley examines his argument empirically using two data sets and traces it through several historical cases: Henry Kissinger's and Jimmy Carter's initiatives in the Middle East, 1973–1979; Theodore Roosevelt's 1905 mediation in the Russo-Japanese War; and Carter’s attempt to mediate in the 1994 North Korean nuclear crisis. He also draws upon the lessons of the 1993 Arusha Accords, the 1993 Oslo Accords, Haiti in 1994, the 2002 Ceasefire Agreement in Sri Lanka, and the 2005 Memorandum of Understanding in Aceh. Beardsley concludes that a reliance on mediation risks a greater chance of conflict relapse in the future, whereas the rejection of mediation risks ongoing bloodshed as war continues. The trade-off between mediation’s short-term and long-term effects is stark when the third-party mediator adopts heavy-handed forms of leverage, and, Beardsley finds, multiple mediators and intergovernmental organizations also do relatively poorly in securing long-term peace. He finds that mediation has the greatest opportunity to foster both short-term and long-term peace when a single third party mediates among belligerents that can afford to wait for a self-enforcing arrangement to be reached.
