The Fugitive Identity Of Mediation
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The Fugitive Identity Of Mediation
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Author : Debbie De Girolamo
language : en
Publisher: Routledge
Release Date : 2013-07-18
The Fugitive Identity Of Mediation written by Debbie De Girolamo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.
Eu Cross Border Commercial Mediation
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Author : Anna Howard
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-01-13
Eu Cross Border Commercial Mediation written by Anna Howard and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-13 with Law categories.
Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular 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 in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, 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. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.
On Mediation
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Author : Karl Härter
language : en
Publisher: Berghahn Books
Release Date : 2020-09-09
On Mediation written by Karl Härter and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-09 with Business & Economics categories.
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.
A Z Of Mediation
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Author : Marian Roberts
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-11-28
A Z Of Mediation written by Marian Roberts and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Social Science categories.
If you are in search of a concise yet authoritative overview of mediation as a process of dispute resolution, then you need look no further. Marian Roberts' A-Z of Mediation succinctly captures the concepts, applications, debates and critiques that are shaping this rapidly expanding field. Expertly organised into just over 80 entries, the book combines theory, research and practitioner experience to provide a wealth of insight and analysis. The book's unique A-Z format makes it an ideal point of reference. Numerous cross-references are in place to guide you through the material and highlight the field's connecting strands. The key classic and contemporary readings are also systematically signposted, topic by topic, drawn from an extensive multidisciplinary literature. Whether you are studying, training or already in practice, this book provides an invaluable source of clarity as well as a comprehensive map of the field.
The Routledge Handbook Of Intercultural Mediation
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Author : Dominic Busch
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-15
The Routledge Handbook Of Intercultural Mediation written by Dominic Busch and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-15 with Business & Economics categories.
Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.
Comparative Dispute Resolution
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Author : Maria F. Moscati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Comparative Dispute Resolution written by Maria F. Moscati 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 2020-12-25 with Law categories.
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
Dispute Processes
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Author : Michael Palmer
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-09
Dispute Processes written by Michael Palmer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Drama categories.
This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
Research Handbook On Intellectual Property And Cultural Heritage
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Author : Stamatoudi, Irini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-21
Research Handbook On Intellectual Property And Cultural Heritage written by Stamatoudi, Irini 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 2022-07-21 with Social Science categories.
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
English Legal System In Context 6e
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Author : Fiona Cownie
language : en
Publisher: American Chemical Society
Release Date : 2013-07-25
English Legal System In Context 6e written by Fiona Cownie and has been published by American Chemical Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-25 with Law categories.
This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.
Essays On Mediation
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Author : Ian Macduff
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-16
Essays On Mediation written by Ian Macduff and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Law categories.
Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.