Transnational Mediations
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| Author | : Michael McIlwrath |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 530 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9041126104 |
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
| Author | : J. Bercovitch |
| Publisher | : Springer |
| Total Pages | : 302 |
| Release | : 1994-01-13 |
| Genre | : Political Science |
| ISBN | : 0230374697 |
This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.
| Author | : Kevin Brown |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 292 |
| Release | : 2018-10-29 |
| Genre | : Political Science |
| ISBN | : 1527520625 |
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 | : Timothy D Sisk |
| Publisher | : Routledge |
| Total Pages | : 488 |
| Release | : 2009-01-08 |
| Genre | : History |
| ISBN | : 1134022360 |
This book evaluates the role of international mediators in bringing civil wars to an end and makes the case for ‘powerful peacemaking’ – using incentives and sanctions – to leverage parties into peace. As internal violence within countries is a hugely significant threat to international peace in the post-Cold War era, the question of how these wars end has become an urgent research and policy question. This volume explores a critical aspect of peacemaking that has yet to be sufficiently evaluated: the turbulent period beyond the onset of formal or open negotiations to end civil wars and the clinching of an initially sustainable negotiated settlement. The book argues that the transnational flow of weapons, resources, and ideas means that when civil wars today end, they are more likely to do so at the negotiating table than on the battlefield. It uses bargaining theory to develop an analytical framework to evaluate peace processes – moving from stalemate in wars to negotiated settlement – and it rigorously analyses the experiences of five cases of negotiated transitions from war and the role of international mediators: South Africa, Liberia, Burundi, Kashmir, and Sri Lanka.
| Author | : Jacob Bercovitch |
| Publisher | : Routledge |
| Total Pages | : 303 |
| Release | : 2011-01-05 |
| Genre | : History |
| ISBN | : 1136827137 |
This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts. Irrespective of the level of political or social organization, of their location in time and space, and of the political sophistication of a society, mediation has always been there to help deal with conflicts. As a method of conflict management, the practice of settling disputes through intermediaries has had a rich history in all cultures, both Western and non-Western. In some non-Western countries (especially in the Middle East and China) mediation has been the most important and enduring structure of conflict resolution. Jacob Bercovitch has been at the forefront of developments in international conflict mediation for more than 25 years, and is generally recognized as one of the most important scholars in the field. His theoretical and empirical analyses have come to define the parameters in the study of mediation. This volume will help scholars and practitioners trace the history of the field, its position today and its future and will be of much interest to all students of mediation, negotiation, conflict management, international security and international relations in general.
| Author | : Diana Roig-Sanz |
| Publisher | : Routledge |
| Total Pages | : 301 |
| Release | : 2020-01-03 |
| Genre | : History |
| ISBN | : 1000769038 |
This book proposes an innovative conceptual framework to explore cultural organizations at a multilateral level and cultural mediators as key figures in cultural and institutionalization processes. Specifically, it analyzes the role of Ibero-American mediators in the institutionalization of Hispanic and Lusophone cultures in the first half of the 20th century by means of two institutional networks: PEN (the non-governmental writer’s association) and the International Institute of Intellectual Cooperation (predecessor to UNESCO). Attempting to combine cultural and global history, sociology, and literary studies, the book uses an analytical focus on intercultural networks and cultural transfer to investigate the multiple activities and roles that these mediators and cultural organizations set in motion. Literature has traditionally studied major figures and important centers of cultural production, but other regions and localities also played a crucial role in the development of intellectual cooperation. This book reappraises the place of Ibero-America in international cultural relations and retrieves the lost history of key secondary actors. The book will appeal to scholars from international relations, global and cultural history, sociology, postcolonial Studies, world and comparative literature, and New Hispanisms. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780429299407, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
| Author | : Christian Bühring-Uhle |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 334 |
| Release | : 2006-01-01 |
| Genre | : Law |
| ISBN | : 9041122567 |
"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.
| Author | : Anselmo Reyes |
| Publisher | : Cambridge University Press |
| Total Pages | : 545 |
| Release | : 2021-12-16 |
| Genre | : Law |
| ISBN | : 1108490603 |
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
| Author | : Nadja Marie Alexander |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 538 |
| Release | : 2009-01-01 |
| Genre | : Law |
| ISBN | : 9041132244 |
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
| Author | : Alain Lempereur |
| Publisher | : John Wiley & Sons |
| Total Pages | : 368 |
| Release | : 2021-03-31 |
| Genre | : Business & Economics |
| ISBN | : 1119805368 |
When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation. In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future. Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover: Models and principles from various domains of mediation: family, business & labor, public affairs, international relations A mediation framework to prepare for mediation and to run its process smoothly A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving Mediation traps and how to avoid them—for mediators and parties alike Ethics of mediation and questions of responsibility Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.
