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Mediation In Malaysia
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Book Synopsis Practice and Procedure of Mediation by : Harbans Singh K. S.
Download or read book Practice and Procedure of Mediation written by Harbans Singh K. S. and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution written by and published by . This book was released on 2020 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Early Neutral Evaluation by : Wayne D. Brazil
Download or read book Early Neutral Evaluation written by Wayne D. Brazil and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This valuable guide is a tool to teach lawyers, litigants, and judges what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE.
Book Synopsis Court Mediation Reform by : Shahla F. Ali
Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
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. Itincludes 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.
Book Synopsis Mediation in the Asia-Pacific Region by : Dale Bagshaw
Download or read book Mediation in the Asia-Pacific Region written by Dale Bagshaw and published by Routledge. This book was released on 2009-09-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.
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.
Book Synopsis The Singapore Convention on Mediation by : Nadja Alexander
Download or read book The Singapore Convention on Mediation written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2022-08-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali
Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Download or read book The Go-between written by Isak Svensson and published by US Institute of Peace Press. This book was released on 2010 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores international mediation through the lens of Ambassador Jan Eliasson, an international go-between with a remarkable track record. The authors draw lessons for the peacemaking process from their examination of how Eliasson entered, prepared, pursued, and finally ended his mediation efforts.
Book Synopsis Mediation in the Construction Industry by : Penny Brooker
Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Book Synopsis Resolving Disputes in the Asia-Pacific Region by : Shahla F. Ali
Download or read book Resolving Disputes in the Asia-Pacific Region written by Shahla F. Ali and published by Routledge. This book was released on 2010-10-18 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.
Book Synopsis Culture, Conflict, and Mediation in the Asian Pacific by : Bruce E. Barnes
Download or read book Culture, Conflict, and Mediation in the Asian Pacific written by Bruce E. Barnes and published by Rowman & Littlefield. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.
Book Synopsis Law Without Lawyers, Justice Without Courts by : Bee Chen Goh
Download or read book Law Without Lawyers, Justice Without Courts written by Bee Chen Goh and published by Routledge. This book was released on 2016-12-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Book Synopsis Gender Power and Mediation by : Jamila A Chowdhury
Download or read book Gender Power and Mediation written by Jamila A Chowdhury and published by Cambridge Scholars Publishing. This book was released on 2012-11-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society.
Book Synopsis Dispute Resolution by : Stephen B. Goldberg
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishers. This book was released on 1995 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Book Synopsis Mediation Representation by : Harold I. Abramson
Download or read book Mediation Representation written by Harold I. Abramson and published by Ntl Inst for Trial Advocacy. This book was released on 2004 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: