Family Mediation In Europe

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Family Mediation in Europe

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287142573
Total Pages : 184 pages
Book Rating : 4.1/5 (425 download)

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Book Synopsis Family Mediation in Europe by : Council of Europe

Download or read book Family Mediation in Europe written by Council of Europe and published by Council of Europe. This book was released on 2000-01-01 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conference brought together over 350 people with a professional interest in family mediation. The Council of Europe recommendation R 98 (1) encourages member states to introduce, promote and strengthen family mediation as an appropriate process for the resolution of family disputes, particularly those involving children in marital separation and divorce. The Conference proposed increasing promotion of mediation; assistance for cross-border mediation, training and accreditation of family mediators; assisting states to adopt family law practices that reduce family disputes.

Family Mediation

Author : Council of Europe. Committee of Ministers
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Family Mediation by : Council of Europe. Committee of Ministers

Download or read book Family Mediation written by Council of Europe. Committee of Ministers and published by . This book was released on 1999 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendation no. R (98) 1 of the Committee of Ministers to member states

Mediation in the Reflection of Law and Society

Author : Lenka Holá
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542926
Total Pages : 325 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mediation in the Reflection of Law and Society by : Lenka Holá

Download or read book Mediation in the Reflection of Law and Society written by Lenka Holá and published by Kluwer Law International B.V.. This book was released on 2021-12-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.

Civil and Commercial Mediation in Europe (set - Vols. 1&2)

Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780682495
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis Civil and Commercial Mediation in Europe (set - Vols. 1&2) by : Carlos Esplugues Mota

Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Mediation Law Handbook

Author : Nadja Alexander
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041158677
Total Pages : 842 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Mediation Law Handbook by : Nadja Alexander

Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Family Mediation in Europe

Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.:/5 (716 download)

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Book Synopsis Family Mediation in Europe by :

Download or read book Family Mediation in Europe written by and published by . This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Plurality and Diversity of Family Relations in Europe

Author : Katharina Boele-Woelki
Publisher : European Family Law
ISBN 13 : 9781780688176
Total Pages : 0 pages
Book Rating : 4.6/5 (881 download)

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Book Synopsis Plurality and Diversity of Family Relations in Europe by : Katharina Boele-Woelki

Download or read book Plurality and Diversity of Family Relations in Europe written by Katharina Boele-Woelki and published by European Family Law. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

Family Mediation: Contemporary Issues

Author : Marian Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1526505436
Total Pages : 363 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Family Mediation: Contemporary Issues by : Marian Roberts

Download or read book Family Mediation: Contemporary Issues written by Marian Roberts and published by Bloomsbury Publishing. This book was released on 2020-05-21 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.

Mediation in Family Disputes

Author : Marian Roberts
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409491331
Total Pages : 293 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Ashgate Publishing, Ltd.. This book was released on 2008-08-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Commercial Mediation in Europe

Author : Ewald A. Filler
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142169
Total Pages : 476 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Commercial Mediation in Europe by : Ewald A. Filler

Download or read book Commercial Mediation in Europe written by Ewald A. Filler and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.

Mediation

Author : Klaus J. Hopt
Publisher : Oxford University Press
ISBN 13 : 0191669350
Total Pages : pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Mediation by : Klaus J. Hopt

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mediation in Family Disputes

Author : Marian Roberts
Publisher : Routledge
ISBN 13 : 1351153102
Total Pages : 267 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2017-11-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Family Mediation in the European Union

Author :
Publisher :
ISBN 13 :
Total Pages : 133 pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis Family Mediation in the European Union by :

Download or read book Family Mediation in the European Union written by and published by . This book was released on 2005 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rebuilding Community Connections - Mediation and Restorative Justice in Europe

Author : Ivo Aertsen
Publisher : Council of Europe
ISBN 13 : 9789287154514
Total Pages : 132 pages
Book Rating : 4.1/5 (545 download)

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Book Synopsis Rebuilding Community Connections - Mediation and Restorative Justice in Europe by : Ivo Aertsen

Download or read book Rebuilding Community Connections - Mediation and Restorative Justice in Europe written by Ivo Aertsen and published by Council of Europe. This book was released on 2004-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published as part of the integrated project "Responses to violence in everyday life in a democratic society"

The Role of Self-determination in the Modernisation of Family Law in Europe

Author : International Society on Family Law
Publisher : Documenta Universitaria
ISBN 13 : 8493495972
Total Pages : 326 pages
Book Rating : 4.4/5 (934 download)

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Book Synopsis The Role of Self-determination in the Modernisation of Family Law in Europe by : International Society on Family Law

Download or read book The Role of Self-determination in the Modernisation of Family Law in Europe written by International Society on Family Law and published by Documenta Universitaria. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes some of the papers presented and discussed at the European Regional Conference of the International Society of Family Law (ISFL), held in Tossa de Mar and Girona on the 9th and 10th of October 2003.\n

Cross-Border Family Mediation

Author : Christoph C. Paul
Publisher : Wolfgang Metzner Verlag
ISBN 13 : 396117136X
Total Pages : 482 pages
Book Rating : 4.9/5 (611 download)

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Book Synopsis Cross-Border Family Mediation by : Christoph C. Paul

Download or read book Cross-Border Family Mediation written by Christoph C. Paul and published by Wolfgang Metzner Verlag. This book was released on 2023-10-17 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts

Mediation in Civil Matters

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
ISBN 13 : 9789287152183
Total Pages : 28 pages
Book Rating : 4.1/5 (521 download)

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Book Synopsis Mediation in Civil Matters by : Council of Europe. Committee of Ministers

Download or read book Mediation in Civil Matters written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2003-01-01 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the text of the Council of Europe recommendation, together with its explanatory memorandum, adopted in September 2002, which concerns mediation in matters involving civil rights and obligations, including matters within the remit of commercial, consumer and labour law, but excluding administrative or penal matters.