La Mediacion Como Sistema Alternativo De Solucion De Conflictos Con Aplicaciones
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| Author | : Carlos Esplugues |
| Publisher | : Springer |
| Total Pages | : 785 |
| Release | : 2015-09-11 |
| Genre | : Law |
| ISBN | : 3319181351 |
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 | : Colegio de Abogados de Puerto Rico |
| Publisher | : |
| Total Pages | : 854 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
| Author | : Jay Folberg |
| Publisher | : |
| Total Pages | : 392 |
| Release | : 1986 |
| Genre | : |
| ISBN | : |
| Author | : Carlos Esplugues Mota |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Arbitration (International law) |
| ISBN | : 9781780681399 |
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
| Author | : X.E. Kramer |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 381 |
| Release | : 2012-02-02 |
| Genre | : Law |
| ISBN | : 906704816X |
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
| Author | : Jacob Bercovitch |
| Publisher | : SAGE |
| Total Pages | : 705 |
| Release | : 2008-12-03 |
| Genre | : Political Science |
| ISBN | : 1446206599 |
′The SAGE Handbook of Conflict Resolution demonstrates the range of themes that constitute modern conflict resolution. It brings out its key issues, methods and dilemmas through original contributions by leading scholars in a dynamic and expanding field of inquiry. This handbook is exactly what it sets out to be: an indispensable tool for teaching, research and practice in conflict resolution′ - Peter Wallensteen, Professor of Peace and Conflict Research, Uppsala University and University of Notre Dame ′Bercovitch, Kremenyuk and Zartman are among the most important figures in the conflict resolution field. They have pieced together, with the help of more than 35 colleagues from numerous countries, a state-of-the-art review of the sources of international conflict, available methods of conflict management, and the most difficult challenges facing the individuals and organizations trying to guide us through these conflict-ridden times. The collection is brimming with penetrating insights, trenchant analyses, compelling cases, and disciplined speculation. They help us understand both the promise of as well as the obstacles to theory-building in the new field of conflict resolution′ - Lawrence Susskind, Professor and Director of the MIT - Harvard Public Disputes Program ′The last three sentences of this persuasive book: "We conclude this volume more than ever convinced that conflict resolution is not just possible or desirable in the current international environment. It is absolutely necessary. Resolving conflicts and making peace is no longer an option; it is an intellectual and practical skill that we must all posses." If you are part of that "we," intellectually or professionally, you will find this book a superb companion′ - Thomas C Schelling, Professor Emeritus, Harvard University and University of Maryland Conflict resolution is one of the fastest-growing academic fields in the world today. Although it is a relatively young discipline, having emerged as a specialized field in the 1950′s, it has rapidly grown into a self-contained, vibrant, interdisciplinary field. The SAGE Handbook of Conflict Resolution brings together all the conceptual, methodological and substantive elements of conflict resolution into one volume of over 35 specially commissioned chapters. The Handbook is designed to reflect where the field is today by drawing on the contributions of experts from different fields presenting, in a systematic way, the most recent research and practice. Jacob Bercovitch is Professor of International Relations, and Fellow of the Royal Society, at the University of Canterbury in Christchurch, New Zealand. Victor Kremenyuk is deputy director of the Institute for USA and Canada Studies, Russian Academy of Sciences, Moscow. He is also a research associate at IIASA. I. William Zartman is Jacob Blaustein Professor of Conflict Resolution and International Organization at the Nitze School of Advanced International Studies of Johns Hopkins University
| Author | : Charity Butcher |
| Publisher | : Routledge |
| Total Pages | : 329 |
| Release | : 2019-11-28 |
| Genre | : Political Science |
| ISBN | : 0429826877 |
This new textbook introduces key mechanisms and issues in international conflict management and engages students with a comprehensive interdisciplinary approach to mitigating, managing, and transforming international conflicts. The volume identifies key historical events and international agreements that have shaped and defined the field of international conflict management, as well as key dilemmas facing the field at this juncture. The first section provides an overview of key mechanisms for international conflict management, such as negotiation, mediation, nonviolent resistance, peacekeeping, peacebuilding, transitional justice, and reconciliation. The second section tackles important cross-cutting themes, such as technology, religion, the economy, refugees and migration, and the role of civil society, examining how these issues contribute to international conflicts and how they can be leveraged to help address such conflicts. Each chapter includes a brief historical overview of the evolution of the issue or mechanism, identifies key theoretical and practical debates, and includes case studies, discussion questions, website links, and suggested further reading for further study and engagement. By providing a mixture of theory and practical examples, this textbook provides students with the necessary background to navigate this interdisciplinary field. This volume will be of great interest to students of international conflict management, conflict resolution, peace studies, and international relations in general.
| Author | : T. Agner |
| Publisher | : Karger Medical and Scientific Publishers |
| Total Pages | : 172 |
| Release | : 2016-02-04 |
| Genre | : Medical |
| ISBN | : 3318055867 |
Although a very fragile structure, the skin barrier is probably one of the most important organs of the body. Inward/out it is responsible for body integrity and outward/in for keeping microbes, chemicals, and allergens from penetrating the skin. Since the role of barrier integrity in atopic dermatitis and the relationship to filaggrin mutations was discovered a decade ago, research focus has been on the skin barrier, and numerous new publications have become available. This book is an interdisciplinary update offering a wide range of information on the subject. It covers new basic research on skin markers, including results on filaggrin and on methods for the assessment of the barrier function. Biological variation and aspects of skin barrier function restoration are discussed as well. Further sections are dedicated to clinical implications of skin barrier integrity, factors influencing the penetration of the skin, influence of wet work, and guidance for prevention and saving the barrier. Distinguished researchers have contributed to this book, providing a comprehensive and thorough overview of the skin barrier function. Researchers in the field, dermatologists, occupational physicians, and related industry will find this publication an essential source of information.
| Author | : Carlos Esplugues Mota |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014-03-27 |
| Genre | : Civil law |
| ISBN | : 9781780682495 |
Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
| Author | : Lode Walgrave |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2013-05-13 |
| Genre | : Social Science |
| ISBN | : 1134007701 |
Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. • a clearly outcome-based definition of restorative justice • acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process • presenting restorative justice as a fully fledged alternative to the punitive apriorism • development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation • a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides • a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy
