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Author: Hugo Luz dos Santos
Publisher: Springer Nature
ISBN: 9811994293
Category : Law
Languages : en
Pages : 222
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Book Description
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Author: Hugo Luz dos Santos
Publisher: Springer Nature
ISBN: 9811994293
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Author: Alan Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9403525975
Category : Law
Languages : en
Pages : 380
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Book Description
Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on the variety of methods adopted to provide an expeditious and cost-effective means for dispute resolution while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers such aspects as: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc’ (non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will gain a greater understanding of the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and in weighing the advantages and disadvantages of expedited arbitration procedures in various jurisdictions. The insights in this book will benefit international commercial arbitration as its stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, efficacious and cost-effective means of resolving commercial disputes.
Author: Shen Wei
Publisher: Springer Nature
ISBN: 9819721830
Category :
Languages : en
Pages : 255
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Book Description
Author: Paul Schellinger
Publisher: Routledge
ISBN: 1135918333
Category : Literary Criticism
Languages : en
Pages : 2557
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Book Description
The Encyclopedia of the Novel is the first reference book that focuses on the development of the novel throughout the world. Entries on individual writers assess the place of that writer within the development of the novel form, explaining why and in exactly what ways that writer is importnant. Similarly, an entry on an individual novel discusses the importance of that novel not only form, analyzing the particular innovations that novel has introduced and the ways in which it has influenced the subsequent course of the genre. A wide range of topic entries explore the history, criticism, theory, production, dissemination and reception of the novel. A very important component of the Encyclopedia of the Novel is its long surveys of development of the novel in various regions of the world.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108846513
Category : Law
Languages : en
Pages : 545
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Book Description
Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
Author: Maryam Salehijam
Publisher: Routledge
ISBN: 1000262464
Category : Law
Languages : en
Pages : 155
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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: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041132244
Category : Law
Languages : en
Pages : 538
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Book Description
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author: Howard M. Knoff
Publisher: Corwin Press
ISBN: 1452283540
Category : Education
Languages : en
Pages : 321
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Book Description
An integrated, comprehensive approach to positive behavioral supports and interventions How do you help students who "act out" or "shut down" due to academic frustration or whose social and emotional issues keep them from achieving success in school? Based on Project ACHIEVE, a nationally recognized model of school effectiveness and continuous improvement program, this book shows you how. Educators will find a pragmatic, easy-to-follow blueprint for Positive Behavior Support Systems (PBSS) implementation that integrates academics, instruction, and achievement with discipline, behavior management, and student self-management. Award-winning author Howard M. Knoff provides guidance on: Implementing a schoolwide discipline and safe schools program Teaching students interpersonal, social problem solving, conflict prevention and resolution, and emotional coping skills Guiding professional development, staff and student buy-in, and evaluation Strengthening parent and community outreach and involvement Included are classroom charts and posters, implementation steps and worksheets, and action plans and checklists. Case studies from more than 20 years of research and practice demonstrate how the book′s strategies create positive climates, pro-social interactions, and effective management approaches from classroom to common school areas. The results? The students involved are more cooperative and academically engaged; have fewer disciplinary problems; are more socially successful; and earn higher grades and test scores.
Author: Michael S. Borish
Publisher: World Bank Publications
ISBN: 9780821335697
Category : Business & Economics
Languages : en
Pages : 196
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Book Description
French edition. World Bank Technical Paper No. 298F (Les filles et lécole en Afrique subsaharienne: De lanalyse á laction). Summarizes the factors that constrain girls schooling in Sub-Saharan Africa and outlines practical ways of designing programs that will accelerate female participation in education in the region. Also available in English: (ISBN 0-8213-3373-9) Stock No. 13373.
