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International Mediation Breaking Business Deadlock
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Book Synopsis International Mediation: Breaking Business Deadlock by : Eileen Carroll, KC (Hon)
Download or read book International Mediation: Breaking Business Deadlock written by Eileen Carroll, KC (Hon) and published by Bloomsbury Publishing. This book was released on 2016-09-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.
Book Synopsis International Mediation: Breaking Business Deadlock by : Eileen Carroll KC (Hon)
Download or read book International Mediation: Breaking Business Deadlock written by Eileen Carroll KC (Hon) and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.
Book Synopsis International Commercial Agreements and Electronic Commerce by : William F. Fox
Download or read book International Commercial Agreements and Electronic Commerce written by William F. Fox and published by Kluwer Law International B.V.. This book was released on 2018-03-26 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.
Book Synopsis EU Cross-Border Commercial Mediation by : Anna Howard
Download or read book EU Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International B.V.. This book was released on 2021-01-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular 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 in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, 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. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.
Book Synopsis Mediation Behaviour by : Stephen Walker
Download or read book Mediation Behaviour written by Stephen Walker and published by Bloomsbury Publishing. This book was released on 2021-11-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Logical or psycho-logical? Which are we when making decisions and negotiating at mediation? We go to mediation to make peace yet prepare for war. Why? What makes us self-sabotage? Learn which behaviours are obstacles to settlement and how to overcome them. Find out how to apply the latest research in neuroscience, behavioural economics and psychology to achieve better outcomes. Our heads, hearts and guts – which should we use and when? More than an update and discussion of the latest research findings, Mediation Behaviour: Why We Act Like We Do is experience-based and using that shows how to resolve disputes successfully and cost-effectively. Written from the point of the view of mediators, disputing parties, their advisers and representatives, this new title: Investigates the role of emotions, cognitive biases and intuitions in our mediation behaviour Identifies the behaviours that are barriers to settlement and the ones that are bridges to settlement Shows how they affect the six mediation fundamentals: self, money, power, fairness, truth and trust Explains how to be better at negotiation, risk analysis and persuasion Looks in detail at the psychology of offers - how to make them and how to reject them Explores how mediating online changes the way we do things This book is an indispensable resource for mediators, advocates, representatives - both lawyers and non-lawyers – clients, experts, and anyone involved in conflict and conflict management.
Book Synopsis Mediation Law and Civil Practice by : Tony Allen
Download or read book Mediation Law and Civil Practice written by Tony Allen and published by Bloomsbury Publishing. This book was released on 2019-01-18 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying “whole agreement” clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions.
Book Synopsis The Mediator's Tale by : Eileen Carroll, KC (Hon)
Download or read book The Mediator's Tale written by Eileen Carroll, KC (Hon) and published by Bloomsbury Publishing. This book was released on 2021-10-06 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, The Mediator's Tale: The CEDR Story of Better Conflicts captures the experience of two leading internationally renowned mediators – and married couple – Eileen Carroll and Karl Mackie. Sharing their personal and professional insights into how we can achieve better conflict management in our professional and personal lives, they highlight key insights into how mediation delivers results, and lessons for conflicts generally. The book: Tells the story of how a young lawyer and a leading academic 'had the courage and sheer guts' necessary to create disruptive change and persuade the legal profession and its clients to embrace mediation Provides advisers and mediators with in-depth explanations for getting results from negotiation and independent intervention Shows how to build trust and make emotional connections while building momentum for settlement Highlights the role of women as conflict resolvers and as early pioneers in conflict resolution, and the links between conflict and diversity – 'What people often mean by getting rid of conflict is getting rid of diversity' Explores the reasons interventions fail and how to avoid failure Illuminates the international development of mediation and its reach into justice systems, human rights, investor-state disputes and international arbitration Outlines leadership skills that will put you in the top 1% of people able to deal with conflict.
Book Synopsis Negotiating the Impossible by : Deepak Malhotra
Download or read book Negotiating the Impossible written by Deepak Malhotra and published by Berrett-Koehler Publishers. This book was released on 2016-04-04 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using behind-the-scenes stories of fascinating real-life negotiations to illustrate key lessons, this book shows how to defuse even the most potentially explosive situations and to find success when things seem impossible. --
Book Synopsis Deadlocks in Multilateral Negotiations by : Amrita Narlikar
Download or read book Deadlocks in Multilateral Negotiations written by Amrita Narlikar and published by Cambridge University Press. This book was released on 2010-05-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Deadlocks are a feature of everyday life, as well as high politics. This volume focuses on the concept, causes, and consequences of deadlocks in multilateral settings, and analyses the types of strategies that could be used to break them. It commences with a definition of deadlock, hypothesises about its occurrence, and proposes solutions. Each chapter then makes an original contribution to the issue of deadlock – theoretical, methodological, or empirical – and further tests the original concepts and hypotheses, either theoretically or through case-study analysis, developing or altering them accordingly. This is a unique volume which provides an in-depth examination of the problem of deadlock and a more thorough understanding of specific negotiation problems than has ever been done before. It will be directly relevant to students, researchers, teachers, and scholars of negotiation and will also be of interest to practitioners involved in negotiation and diplomacy.
Book Synopsis International Mediation by : Eileen Carroll
Download or read book International Mediation written by Eileen Carroll and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two of the foremost international mediation experts andpractitioners, International Mediation The Art of Business Diplomacy, SecondEdition is an essential guide to the effective and timely resolution ofinternational business disputes. Outlining the characteristics of mediationand highlighting its place in business conflicts, this highly practical bookguides the reader clearly through the international mediation process:* how does it work and what will it cost* what are the limitations* what skills are required* how are the outcomes enforced* how can business best use mediationMore than any theory, the case histories and practical guidance in this bookdemonstrate how and why international mediation works. The authors show how touse mediation techniques as a foundation for a more purposeful, strategicapproach to conflict management in organisations.
Book Synopsis International Commercial Mediation by : Cyril Chern
Download or read book International Commercial Mediation written by Cyril Chern and published by Taylor & Francis. This book was released on 2020-11-26 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.
Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Book Synopsis By Peaceful Means by : Charles N. Brower
Download or read book By Peaceful Means written by Charles N. Brower and published by Oxford University Press. This book was released on 2024-01-18 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished scholars and practitioners commemorate and expand upon the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future.
Book Synopsis Global Trends in Mediation by : Nadja Marie Alexander
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Book Synopsis Arbitration and Mediation in International Business by : Christian Bühring-Uhle
Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
Book Synopsis International and Comparative Mediation by : Nadja Marie Alexander
Download or read book International and Comparative Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
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.
