On Mediation

On Mediation
Author: Karl Härter
Publisher: Berghahn Books
Total Pages: 238
Release: 2020-09-09
Genre: Business & Economics
ISBN: 178920870X

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.

EU Mediation Law Handbook

EU Mediation Law Handbook
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
Total Pages: 842
Release: 2017-03-15
Genre: Law
ISBN: 9041158677

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.

How Mediation Works

How Mediation Works
Author: Stephen B. Goldberg
Publisher: Emerald Group Publishing
Total Pages: 137
Release: 2017-04-28
Genre: Law
ISBN: 178714223X

How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

Challenging Conflict

Challenging Conflict
Author: Gary J. Friedman
Publisher: TradeSelect
Total Pages: 348
Release: 2008
Genre: Law
ISBN:

This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.

Appellate Mediation

Appellate Mediation
Author: Brendon Ishikawa
Publisher: American Bar Association
Total Pages: 332
Release: 2016
Genre: Law
ISBN: 9781634253482

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.

Practicing Narrative Mediation

Practicing Narrative Mediation
Author: John Winslade
Publisher: John Wiley & Sons
Total Pages: 342
Release: 2008-09-22
Genre: Law
ISBN: 078799474X

Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."

Mediation in International Relations

Mediation in International Relations
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.

The Fundamentals of Family Mediation

The Fundamentals of Family Mediation
Author: John Michael Haynes
Publisher: State University of New York Press
Total Pages: 260
Release: 1994-06-07
Genre: Psychology
ISBN: 1438406231

Although there are a number of mediation books, none provide a step-by-step description of each stage in the process. This book, designed as a mediator's handbook, can be used by the practicing mediator to solve almost any problem. It can also be used by trainers to provide more basic information to trainee mediators, thus allowing them more time for practicing the skill in training. The book will also be of interest to students and practitioners of family therapy, to social workers, and counselors.

Eu Cross-Border Commercial Mediation

Eu Cross-Border Commercial Mediation
Author: Anna Howard
Publisher: Kluwer Law International
Total Pages: 288
Release: 2021-01-13
Genre:
ISBN: 9789403517537

EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.