How Parties Experience Mediation
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How Parties Experience Mediation
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Author : Timea Tallodi
language : en
Publisher: Springer Nature
Release Date : 2019-10-22
How Parties Experience Mediation written by Timea Tallodi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-22 with Law categories.
This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.
Mediation Ethics
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Author : Rachael Field
language : en
Publisher:
Release Date : 2020
Mediation Ethics written by Rachael Field and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Legal ethics categories.
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethicsoffers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.
Ethics And Justice In Mediation
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Author : Mary Anne Noone
language : en
Publisher:
Release Date : 2018-07-30
Ethics And Justice In Mediation written by Mary Anne Noone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-30 with Justice categories.
Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.
Using Mediation When Siting Hazardous Waste Management Facilities
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Author : Howard S. Bellman
language : en
Publisher:
Release Date : 1982
Using Mediation When Siting Hazardous Waste Management Facilities written by Howard S. Bellman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Arbitration, Industrial categories.
Research Handbook On Mediating International Crises
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Author : Jonathan Wilkenfeld
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On Mediating International Crises written by Jonathan Wilkenfeld and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Crises categories.
Current conceptions of mediation can often fail to capture the complexity and intricacy of modern conflicts. This Research Handbook addresses this problem by presenting the leading expert opinions on international mediation, examining how international mediation practices, mechanisms and institutions should adapt to the changing characteristics of contemporary international crises.
The Models And Techniques Used In Family Mediation In England And Wales
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Author : Dr Amel Ketani
language : en
Publisher: Transnational Press London
Release Date : 2022-03-03
The Models And Techniques Used In Family Mediation In England And Wales written by Dr Amel Ketani and has been published by Transnational Press London this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-03 with Law categories.
Over the past forty years, the approach to legal disputes in England and Wales has experienced some important changes. In many instances, mediation, with its objective of resolving disputes, is favoured over the traditional and adversarial procedure of litigation. Intriguingly, the perspectives of mediators on the practice of family mediation are relatively unexplored territory. This book with its focus on family mediation seeks to reduce this gap by supplementing the existing literature. It will put forward the family mediators’ opinions and my recommendations on how family mediation can be improved from the perspective of models. It aims to contribute, through the practitioners’ lens, to some of the important theoretical issues, discussions and difficulties surrounding family mediation. In addition, the aim of this book is to set out the understanding of family mediators and draw on this to explore important themes such as mediation models, their principles and the nature of the task. The analysis of these themes will reveal many things, from the difficulties and demanding tasks in family mediation, to the satisfaction and reward that can be felt by family mediators who achieve the parties’ objective of amicably resolving a family dispute. “This book brings clarity and offers new contributions to the field of family mediation and dispute resolution- a must read for practitioners, academics and professionals working in the field.” Dr Sara Hourani, Senior Law Lecturer at Middlesex University “This is a very practical guide by a specialist who clearly understands the important role that different mediation techniques play in legal practice today. This guide combines both an academic analysis with some practical tools that are especially useful to practitioners in the field of Family Law. The guide considers the merits (and in some cases, drawbacks), of different mediation models, and offers a helpful perspective on conditions that need to be met which would improve the efficacy of mediation. This is a highly recommended resource for academics, teachers and practitioners alike!’ Ms Marie Iskander, Solicitor, New South Wales, Australia CONTENTS: Chapter 1. Introduction Chapter 2. Methods and Methodology used in this Book Chapter 3. Historical Development and Legal Framework of Mediation and Family Mediation Chapter 4. Mediation Models and Techniques in a Family Context Chapter 5. Conclusion Bibliography
Practitioner S Handbook On International Arbitration And Mediation Third Edition
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Author : Richard Chernick
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-04-01
Practitioner S Handbook On International Arbitration And Mediation Third Edition written by Richard Chernick and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-01 with Law categories.
The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
A Practical Approach To Alternative Dispute Resolution
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Author : Susan Blake
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-08-16
A Practical Approach To Alternative Dispute Resolution written by Susan Blake and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Law categories.
A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.
Mediation
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Author : Klaus J. Hopt
language : en
Publisher: Oxford University Press
Release Date : 2018-12-13
Mediation written by Klaus J. Hopt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
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.
Wipo Guide On Alternative Dispute Resolution Adr Options For Intellectual Property Offices And Courts
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2018-09-25
Wipo Guide On Alternative Dispute Resolution Adr Options For Intellectual Property Offices And Courts written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-25 with Law categories.
This Guide is designed to provide an overview of ADR processes for IP disputes.