International Alternative Dispute Resolution System

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International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

International Alternative Dispute Resolution System

Author : Dr. Ashok Kumar
Publisher : K.K. Publications
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4./5 ( download)

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Book Synopsis International Alternative Dispute Resolution System by : Dr. Ashok Kumar

Download or read book International Alternative Dispute Resolution System written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alternative Dispute Resolution System is a very useful system through which people may resolve their dispute as soon as possible. It involves the whole community of the world. It is a very speedy, cheap and inexpensive system of resolving disputes. It reduces the burden of the traditional or regular courts. It has become an integral part of the judicial system of the world. At present, in most of the countries of the world, a large number of cases are pending. The ADR enhances the involvement of the international and national community in the dispute resolution process and promotes an idea of access to justice for all. The book provides the proper information and knowledge about the ADR to the students. The book is divided into thirteen chapters. Chapter one is concerned with the Introduction. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned to ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to ADR in Some other States. The language of the book is very understandable to the common man.

ADR in Business

Author : Jean-Claude Goldsmith
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113414X
Total Pages : 690 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis ADR in Business by : Jean-Claude Goldsmith

Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Alternative Dispute Resolution in Tanzania

Author : J. Mashamba
Publisher : African Books Collective
ISBN 13 : 998775354X
Total Pages : 226 pages
Book Rating : 4.9/5 (877 download)

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Book Synopsis Alternative Dispute Resolution in Tanzania by : J. Mashamba

Download or read book Alternative Dispute Resolution in Tanzania written by J. Mashamba and published by African Books Collective. This book was released on 2014-09-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

International Alternative Dispute Resolution System

Author :
Publisher :
ISBN 13 : 9789382657101
Total Pages : 462 pages
Book Rating : 4.6/5 (571 download)

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Book Synopsis International Alternative Dispute Resolution System by :

Download or read book International Alternative Dispute Resolution System written by and published by . This book was released on 2019 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Function of Equity in International Law

Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Function of Equity in International Law by : Catharine Titi

Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Alternative Dispute Resolution System

Author : Dr. Ashok Kumar
Publisher : K.K. Publications
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4./5 ( download)

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Book Synopsis Alternative Dispute Resolution System by : Dr. Ashok Kumar

Download or read book Alternative Dispute Resolution System written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-09 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: ALTERNATIVE DISPUTE RESOLUTION SYSTEM Global And National Perspective The book provides suitable and codified materials and information regarding the Alternative Dispute Resolution System. The whole book is divided into two parts and twenty chapters. Part one is related to the International ADR and part two is concerned with the National ADR. Chapter one is concerned with the Origin and Historical Development of ADR. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned with ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to the Nature and Historical Development of ADRS in India. Chapter fourteen is related to the factors responsible for ADRs. Chapter fifteen is concerned with the Techniques of the ADRs. Chapter sixteen is related to the Indian Statutes and ADR. Chapter seventeen is designated as NyayaPanchayat and Gram Nayalaya. Chapter eighteen is related to the Arbitration and Conciliation Act, 1996. Chapter nineteen is related to the Innovative Trends of Justice and ADR. Chapter twenty is concerned with litigation policy and some valuable suggestions are given or mentioned. Chapter twenty-one is related to some Important International and National ADR Rules. The language of the book is easy and the same will be useful to the students.

Alternative Dispute Resolution for Organizations

Author : Allan J. Stitt
Publisher : Wiley
ISBN 13 : 9780471643234
Total Pages : 0 pages
Book Rating : 4.6/5 (432 download)

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Book Synopsis Alternative Dispute Resolution for Organizations by : Allan J. Stitt

Download or read book Alternative Dispute Resolution for Organizations written by Allan J. Stitt and published by Wiley. This book was released on 2000-01-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. ADR involves resolving disputes of any kind outside of the judicial system, through negotiation, mediation, arbitration, and other processes. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes. It covers how to set up a dispute resolution process in an organization.

Dispute System Design

Author : Lisa Blomgren Amsler
Publisher : Stanford University Press
ISBN 13 : 1503611361
Total Pages : 406 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Dispute System Design by : Lisa Blomgren Amsler

Download or read book Dispute System Design written by Lisa Blomgren Amsler and published by Stanford University Press. This book was released on 2020-06-02 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

A Manual of International Dispute Resolution

Author : Anthony Connerty
Publisher : Commonwealth Secretariat
ISBN 13 : 9780850928372
Total Pages : 392 pages
Book Rating : 4.9/5 (283 download)

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Book Synopsis A Manual of International Dispute Resolution by : Anthony Connerty

Download or read book A Manual of International Dispute Resolution written by Anthony Connerty and published by Commonwealth Secretariat. This book was released on 2006 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to international dispute resolution and settlement, especially in the fields of trade and commerce, investment, and intellectual property. The book will be of interest to readers worldwide who need to understand international dispute resolution processes and institutions.

International Dispute Resolution and the Public Policy Exception

Author : Farshad Ghodoosi
Publisher : Routledge
ISBN 13 : 1317292839
Total Pages : 169 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The Role of Ethics in ADR

Author :
Publisher : Aspatore Books
ISBN 13 : 9780314279699
Total Pages : 0 pages
Book Rating : 4.2/5 (796 download)

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Book Synopsis The Role of Ethics in ADR by :

Download or read book The Role of Ethics in ADR written by and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.

International Dispute Settlement in an Evolving Global Society

Author : Francisco Orrego Vicuña
Publisher : Cambridge University Press
ISBN 13 : 9780521842396
Total Pages : 188 pages
Book Rating : 4.8/5 (423 download)

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Book Synopsis International Dispute Settlement in an Evolving Global Society by : Francisco Orrego Vicuña

Download or read book International Dispute Settlement in an Evolving Global Society written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 2004-11-25 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.

Alternative Dispute Resolution

Author : Albert Fiadjoe
Publisher : Routledge
ISBN 13 : 1135332096
Total Pages : 191 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe

Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Online Dispute Resolution

Author : Gabrielle Kaufmann-Kohler
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123180
Total Pages : 406 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Online Dispute Resolution by : Gabrielle Kaufmann-Kohler

Download or read book Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

Alternative Dispute Resolution

Author : Michael Freeman
Publisher : New York University Press
ISBN 13 :
Total Pages : 572 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Alternative Dispute Resolution by : Michael Freeman

Download or read book Alternative Dispute Resolution written by Michael Freeman and published by New York University Press. This book was released on 1995-07 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Constructive Interventions

Author : Lars Kirchhoff
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126856
Total Pages : 382 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Constructive Interventions by : Lars Kirchhoff

Download or read book Constructive Interventions written by Lars Kirchhoff and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.