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Author :
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.4/5 (99 download)
Download or read book written by and published by . This book was released on with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 785 pages
Book Rating : 4.3/5 (191 download)
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author : Luis Cueto Preciado
Publisher : Lulu.com
ISBN 13 : 1105532755
Total Pages : 175 pages
Book Rating : 4.1/5 (55 download)
Download or read book Negociaciones y Mediación written by Luis Cueto Preciado and published by Lulu.com. This book was released on 2012-05-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: ¿Qué fue primero, el huevo o la gallina? Actualmente la mediación ya comienza a aparecer como un procedimiento formal de resolución de conflictos en la sociedad mexicana; sin embargo, para poder establecerla como un proceso efectivo y habitual para resolver disputas, debe haber educación formal para comunicar efectivamente a la sociedad de la existencia y bondades del proceso. Este libro combina teorías y bibliografía en diferentes áreas académicas y profesionales, como son la psicología, la ley, y diferentes estudios culturales; y añadiendo mis propios análisis, experiencias interpretaciones, ideas, y comentarios ofreciendo al lector una base para formar su propio criterio. Por otro lado, es importante decir que este libro puede servir también como un texto académico, un manual de consulta, e incluso un libro de ayuda o superación personal por lo que lo estructuré en con un vocabulario claro y sencillo evitando, en la medida de lo posible, los tecnicismos jurídicos y psicológicos.
Author : Kevin Brown
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527520625
Total Pages : 292 pages
Book Rating : 4.5/5 (275 download)
Download or read book Mediation across the Globe written by Kevin Brown and published by Cambridge Scholars Publishing. This book was released on 2018-10-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every mediator recalls how difficult it was to break into the field of Alternative Dispute Resolution (ADR) and how gaining initial experience was near impossible. This eye-opening book provides insights into what success looks like in a mediation practice. The Annual World Mediation Summit brings some of the most forward-thinking international conflict experts together in this book sharing their accounts of how mediation is used to resolve interpersonal and international conflicts so that participants walk away from the conflict with win-win solutions. This book will appeal to anyone interested in practical experiences in mediation across the globe, or wanting to discover how the most successful mediators operate. It is also appropriate for anyone interested in learning from successful judges, lawyers and mediators. Furthermore, this book will be useful to anyone who wants to learn about how mediation works worldwide and to learn from mediators’ challenges and capitalize on their successes. The twenty plus chapters here are written by authors from across the globe supporting the use of mediation in place of other more complicated systems. Their experiences are thoughtfully and clearly described in this book.
Author : Theo Gavrielides
Publisher : Springer Nature
ISBN 13 : 303074874X
Total Pages : 365 pages
Book Rating : 4.0/5 (37 download)
Download or read book Comparative Restorative Justice written by Theo Gavrielides and published by Springer Nature. This book was released on 2021-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Author : Pablo Cortés
Publisher : Oxford University Press
ISBN 13 : 0191079073
Total Pages : 513 pages
Book Rating : 4.1/5 (91 download)
Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016-11-24 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
ISBN 13 : 180037187X
Total Pages : 256 pages
Book Rating : 4.8/5 (3 download)
Download or read book The Construction of the Customary Law of Peace written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
Author : Jean-Claude Goldsmith
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113414X
Total Pages : 690 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Simon Klopschinski
Publisher : Edward Elgar Publishing
ISBN 13 : 180037836X
Total Pages : 603 pages
Book Rating : 4.8/5 (3 download)
Download or read book Research Handbook on Intellectual Property Rights and Arbitration written by Simon Klopschinski and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.
Author : Gloria M. Alvarez
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525371
Total Pages : 510 pages
Book Rating : 4.4/5 (35 download)
Download or read book Arbitration in Mexico written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2024-10-10 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico has played a major role in shaping the growth and development of international arbitration practice, in great part due to its global prominence at the competitive forefront of manufacturing, agriculture, telecommunications, finance, real estate, tourism, trade, and commercial transactions, all while crafting its own policies to achieve the energy transition. In addition, its close ties with the United States and Canada, as well as its important business relations with the rest of the world, have made Mexico a leading subject of investment treaty practice. This book, the most comprehensive English book on the subject, offers a thorough practical analysis of arbitration in Mexico in a variety of specific fields as well in-depth description and analysis of the role and attitude of national courts towards arbitration and of national, regional, and international arbitration institutions. Written by the leading lights of Mexican arbitration practice and scholarship, the contributions clearly and succinctly disentangle complex but common issues arising in commercial and investment treaty disputes. Features of Mexico’s dynamic body of arbitration law and practice covered include the following: legal framework in which arbitration in Mexico operates; characterization of international arbitration principles by Mexican courts; cases which require decisions by a national court or authority; public policy and arbitrability; authority and duties of the arbitral tribunal; document production in the Mexican arbitration practice; judicial intervention in support of international arbitration; state entities as actors in arbitration disputes; hydrocarbons, power and M&A disputes; use of technology in arbitral proceedings; and quantum and damages. This first comprehensive book in English on arbitration law and practice in Mexico provides an in-depth understanding of all of Mexico’s arbitration law and practice nationwide, practical guidance on identifying and assessing the different theoretical and practical legal avenues available, and relevant usages of ADR mechanisms in commercial disputes. It will prove of immeasurable value for arbitrators, judges, in-house counsel, Mexican state-owned companies, global law firms, large- and medium-sized companies doing transnational business, policymakers, and arbitration academics.
Author : Ana Maria Jacó-Vilela
Publisher : Springer Nature
ISBN 13 : 3030567818
Total Pages : 1417 pages
Book Rating : 4.0/5 (35 download)
Download or read book The Palgrave Biographical Encyclopedia of Psychology in Latin America written by Ana Maria Jacó-Vilela and published by Springer Nature. This book was released on 2023-05-19 with total page 1417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This biographical encyclopedia will provide the first comprehensive reference work on leading scholars and professionals who have contributed to the development and institutionalization of psychology in Latin America. The figures biographed will include scholars who have made a significant theoretical contribution to the discipline, as well as, practitioners and those who have contributed to the institutionalization of psychology, through their work in scientific organisations, professional bodies and publications. All persons included are recognized authorities and either natives of, or long-term residents in the region. It will offer an invaluable reference point, in particular for scholars of the history of psychology, Latin American studies, the history of science, and global psychology; as well as for historians, psychologists and social scientists seeking international perspectives on the development of the discipline.
Author : Richard W. Roeder
Publisher : Springer
ISBN 13 : 3319312170
Total Pages : 222 pages
Book Rating : 4.3/5 (193 download)
Download or read book Foreign Mining Investment Law written by Richard W. Roeder and published by Springer. This book was released on 2016-06-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.
Author : Klaus J. Hopt
Publisher : Oxford University Press
ISBN 13 : 0191669350
Total Pages : 1424 pages
Book Rating : 4.1/5 (916 download)
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 1424 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.
Author : S. Mahan
Publisher : Springer
ISBN 13 : 1137270853
Total Pages : 178 pages
Book Rating : 4.1/5 (372 download)
Download or read book Restoring Justice in Colombia written by S. Mahan and published by Springer. This book was released on 2013-01-21 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the 'Conciliation in Equity' program in Colombia, this book provides a dramatic, cross-cultural example of community justice and a model for developing alternative methods of resolving crime and conflict.
Author : Erbe, Nancy D.
Publisher : IGI Global
ISBN 13 : 1466683775
Total Pages : 413 pages
Book Rating : 4.4/5 (666 download)
Download or read book Cross-Cultural Collaboration and Leadership in Modern Organizations written by Erbe, Nancy D. and published by IGI Global. This book was released on 2015-06-29 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: As many organizations expand, it becomes increasingly important to implement collaboration and leadership practices that help ensure their overall success. Being able to work and lead effectively in diverse settings can greatly benefit individual employees and the organization as a whole. Cross-Cultural Collaboration and Leadership in Modern Organizations provides an interdisciplinary analysis of how organizations can responsibly embrace complex problem-solving and creative decision making. Providing essential practical tools and critical guidelines, this publication is a necessary reference source benefiting business professionals, managers, researchers, and students interested in leadership and collaboration strategies and their application to various disciplines such as human resources management, professional development, organizational development, and education.
Author : Humberto J. La Roche
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.F/5 ( download)
Download or read book Estudios de Derecho Público written by Humberto J. La Roche and published by . This book was released on 2001 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dra. Patricia A. Taus
Publisher : Lulu.com
ISBN 13 : 1300907762
Total Pages : 160 pages
Book Rating : 4.3/5 (9 download)
Download or read book REALIDAD CARCELARIA Y MEDIOS ALTERNATIVOS A LA PRISIÓN written by Dra. Patricia A. Taus and published by Lulu.com. This book was released on 2013-05-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: En esta obra se analiza la realidad carcelaria desde una perspectiva multidisciplinaria y conglomerada del derecho y la ciencia política, antropología, sociología y criminología. En consonancia con el estudio de las innumerables criticas criminológicas que recibe la pena de prisión, sumado a la incapacidad ostensible de cumplir su finalidad, evitando la reincidencia criminal y otros conflictos graves acaecidos en su seno, se arriba a la conclusión, que incumbe al derecho penal, de reafirmar su estatus de saber reductor y limitador del poder punitivo para salvaguardar el Estado de Derecho. En este orden de ideas, se proponen una serie de puniciones alternativas y complementarias a la privación de la libertad que podrían resultar eficaces y eficientes a la hora de satisfacer el reclamo social de sanción ante la comisión de determinados delitos.
