Mediation Law

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EU Mediation Law Handbook

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

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Book Synopsis EU Mediation Law Handbook by : Nadja Alexander

Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

Mediation Law and Practice

Author : David Spencer
Publisher : Cambridge University Press
ISBN 13 : 1316582779
Total Pages : pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Mediation Law and Practice by : David Spencer

Download or read book Mediation Law and Practice written by David Spencer and published by Cambridge University Press. This book was released on 2007-01-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

A Guide to Divorce Mediation

Author : Gary J. Friedman
Publisher : Workman Publishing
ISBN 13 : 9781563052453
Total Pages : 388 pages
Book Rating : 4.0/5 (524 download)

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Book Synopsis A Guide to Divorce Mediation by : Gary J. Friedman

Download or read book A Guide to Divorce Mediation written by Gary J. Friedman and published by Workman Publishing. This book was released on 1993-01-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the divorce mediator's unique mix of legal, psychological, and spiritual perspectives and discusses the ground rules and legal ramifications

Mediation Program

Author :
Publisher :
ISBN 13 :
Total Pages : 2 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Mediation Program by :

Download or read book Mediation Program written by and published by . This book was released on 2001 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Appellate Mediation

Author : Brendon Ishikawa
Publisher : American Bar Association
ISBN 13 : 9781634253482
Total Pages : 332 pages
Book Rating : 4.2/5 (534 download)

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Book Synopsis Appellate Mediation by : Brendon Ishikawa

Download or read book Appellate Mediation written by Brendon Ishikawa and published by American Bar Association. This book was released on 2016 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.

Mediation

Author : Laurence Boulle
Publisher :
ISBN 13 : 9781531026134
Total Pages : 0 pages
Book Rating : 4.0/5 (261 download)

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Book Synopsis Mediation by : Laurence Boulle

Download or read book Mediation written by Laurence Boulle and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.

Mediation Law

Author : Penny Brooker
Publisher : Routledge
ISBN 13 : 1136018883
Total Pages : 315 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Mediation Law by : Penny Brooker

Download or read book Mediation Law written by Penny Brooker and published by Routledge. This book was released on 2013-10-23 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Arbitration and Mediation in International Business

Author : Christian Bühring-Uhle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122567
Total Pages : 334 pages
Book Rating : 4.0/5 (411 download)

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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.

Divorce and Family Mediation

Author : Jay Folberg
Publisher : Guilford Press
ISBN 13 : 9781593850029
Total Pages : 616 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Divorce and Family Mediation by : Jay Folberg

Download or read book Divorce and Family Mediation written by Jay Folberg and published by Guilford Press. This book was released on 2004-05-12 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

Mediation

Author : Dwight Golann
Publisher : Aspen Publishing
ISBN 13 : 1543847412
Total Pages : 449 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Mediation by : Dwight Golann

Download or read book Mediation written by Dwight Golann and published by Aspen Publishing. This book was released on 2021-09-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. It includes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.

Appellate Mediation Program

Author : United States. Court of Appeals (District of Columbia Circuit)
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Appellate Mediation Program by : United States. Court of Appeals (District of Columbia Circuit)

Download or read book Appellate Mediation Program written by United States. Court of Appeals (District of Columbia Circuit) and published by . This book was released on 1993 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Skills and Values

Author : John Burwell Garvey
Publisher :
ISBN 13 : 9781531022921
Total Pages : 284 pages
Book Rating : 4.0/5 (229 download)

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Book Synopsis Skills and Values by : John Burwell Garvey

Download or read book Skills and Values written by John Burwell Garvey and published by . This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--

Mediation

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

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Book Synopsis Mediation by : Klaus J. Hopt

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Mediation

Author : Nancy H. Rogers
Publisher :
ISBN 13 :
Total Pages : 908 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Mediation by : Nancy H. Rogers

Download or read book Mediation written by Nancy H. Rogers and published by . This book was released on 1989 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:

On Mediation

Author : Karl Härter
Publisher : Berghahn Books
ISBN 13 : 178920870X
Total Pages : 238 pages
Book Rating : 4.7/5 (892 download)

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Book Synopsis On Mediation by : Karl Härter

Download or read book On Mediation written by Karl Härter and published by Berghahn Books. This book was released on 2020-09-09 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

Mediation in Family Disputes

Author : Marian Roberts
Publisher : Routledge
ISBN 13 : 1317098463
Total Pages : 352 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2016-04-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.