Mediation In The Reflection Of Law And Society

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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.

Mediation in the Reflection of Law and Society

Author : Lenka Holá
Publisher :
ISBN 13 : 9789403542140
Total Pages : 248 pages
Book Rating : 4.5/5 (421 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 . This book was released on 2021-12-08 with total page 248 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.

Developing the Craft of Mediation

Author : Marian Roberts
Publisher : Jessica Kingsley Publishers
ISBN 13 : 1843103230
Total Pages : 256 pages
Book Rating : 4.8/5 (431 download)

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Book Synopsis Developing the Craft of Mediation by : Marian Roberts

Download or read book Developing the Craft of Mediation written by Marian Roberts and published by Jessica Kingsley Publishers. This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity and satisfaction of their work as well as on the differences and commonalities across diverse fields of mediation practice.

The Law and Society Reader II

Author : Erik Larson
Publisher : NYU Press
ISBN 13 : 0814770614
Total Pages : 442 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Law and Society Reader II by : Erik Larson

Download or read book The Law and Society Reader II written by Erik Larson and published by NYU Press. This book was released on 2014-05-09 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced—and surprising—than many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.

The Possibility of Popular Justice

Author : Sally Engle Merry
Publisher : University of Michigan Press
ISBN 13 : 0472023993
Total Pages : 504 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Possibility of Popular Justice by : Sally Engle Merry

Download or read book The Possibility of Popular Justice written by Sally Engle Merry and published by University of Michigan Press. This book was released on 2010-05-06 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.

Papering the Mediation : what You Need to Succeed

Author : Law Society of Upper Canada. Department of Continuing Legal Education
Publisher :
ISBN 13 : 9780887594700
Total Pages : pages
Book Rating : 4.5/5 (947 download)

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Book Synopsis Papering the Mediation : what You Need to Succeed by : Law Society of Upper Canada. Department of Continuing Legal Education

Download or read book Papering the Mediation : what You Need to Succeed written by Law Society of Upper Canada. Department of Continuing Legal Education and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Promise of Mediation

Author : Robert A. Baruch Bush
Publisher : John Wiley & Sons
ISBN 13 : 0787974838
Total Pages : 310 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis The Promise of Mediation by : Robert A. Baruch Bush

Download or read book The Promise of Mediation written by Robert A. Baruch Bush and published by John Wiley & Sons. This book was released on 2004-10-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others. In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including a compelling description of how the field has moved toward increasing acceptance of the transformative model a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.

Law in Society: Reflections on Children, Family, Culture and Philosophy

Author : Alison Diduck
Publisher : BRILL
ISBN 13 : 9004261494
Total Pages : 685 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Law in Society: Reflections on Children, Family, Culture and Philosophy by : Alison Diduck

Download or read book Law in Society: Reflections on Children, Family, Culture and Philosophy written by Alison Diduck and published by BRILL. This book was released on 2015-08-27 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Essays on Mediation

Author : Ian Macduff
Publisher : Aspen Publishers
ISBN 13 : 9789041183668
Total Pages : 277 pages
Book Rating : 4.1/5 (836 download)

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Book Synopsis Essays on Mediation by : Ian Macduff

Download or read book Essays on Mediation written by Ian Macduff and published by Aspen Publishers. This book was released on 2016 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on Mediation Edited by Ian Macduff Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call 'mediation'? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: enduring and intense conflicts; planning and environmental issues; conflicts arising between refugee and 'host' communities; elder care; intercultural settings; online communication; science-based disputes; and public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Peacemaking in Your Neighborhood

Author : Jennifer E. Beer
Publisher :
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Peacemaking in Your Neighborhood by : Jennifer E. Beer

Download or read book Peacemaking in Your Neighborhood written by Jennifer E. Beer and published by . This book was released on 1986 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Trends in Mediation

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112571X
Total Pages : 514 pages
Book Rating : 4.0/5 (411 download)

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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.

Mediation and Law in China I

Author : Liao Yong’an
Publisher : Taylor & Francis
ISBN 13 : 1000869857
Total Pages : 236 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Mediation and Law in China I by : Liao Yong’an

Download or read book Mediation and Law in China I written by Liao Yong’an and published by Taylor & Francis. This book was released on 2023-07-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Dispute Management

Author : Pauline Collins
Publisher : Cambridge University Press
ISBN 13 : 1108794718
Total Pages : 427 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Dispute Management by : Pauline Collins

Download or read book Dispute Management written by Pauline Collins and published by Cambridge University Press. This book was released on 2021-08-26 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.

Mediation and Law in China

Author : Yong'an Liao
Publisher :
ISBN 13 : 9781003385882
Total Pages : 0 pages
Book Rating : 4.3/5 (858 download)

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Book Synopsis Mediation and Law in China by : Yong'an Liao

Download or read book Mediation and Law in China written by Yong'an Liao and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China's legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be 'Eastern' in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China's dispute resolution policy, law, and practice"--

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Author : Neelam Tyagi
Publisher : Springer Nature
ISBN 13 : 9811610150
Total Pages : 331 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) by : Neelam Tyagi

Download or read book Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) written by Neelam Tyagi and published by Springer Nature. This book was released on 2021-04-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Mediation

Author : Carrie Menkel-Meadow
Publisher : Routledge
ISBN 13 : 1351792172
Total Pages : 479 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Mediation by : Carrie Menkel-Meadow

Download or read book Mediation written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2018-05-08 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.

Understanding Law and Society

Author : Max Travers
Publisher : Routledge
ISBN 13 : 1135248443
Total Pages : 384 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Understanding Law and Society by : Max Travers

Download or read book Understanding Law and Society written by Max Travers and published by Routledge. This book was released on 2009-09-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.