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Book
3, 4, 255 p. ; 21 cm.
East Asia Library
Book
[19], 235 p. ; 24 cm.
East Asia Library
Book
2, 2, 228 pages : illustrations, maps ; 21 cm
在新型城镇化背景下, 协调推进城镇化和新农村建设过程中, 乡村社会中多种解纷方式的实践逻辑是什么样的 为回答该问题, 本书稿在处理经验材料与理论建构之间的关系上, 选择归纳推理和扎根理论研究法.首先, 分别描述和解释在案例地区的新型城镇化进程中, 人民调解, 行政调解, 诉讼, 信访这四种正式的, 常规的解纷方式的运作实践.随后, 从公民权利救济的视角出发, 比较四种解纷方式在纠纷方面的特征, 归纳出'解纷方式在乡民权利救济层面上呈现出分 工的图景'的结论; 从国家维稳治理的视角出发, 探讨四种解纷方式是如何被'焊接'到乡村社会的 维稳治理格局中的, 归纳出'解纷方式在国家维稳治理层面上呈现出协 作的图景'又一结论.同时, 简单讨论与中心议题相关的乡村法治建设问题, 并检讨论证过程中所选择的研究策略和个案研究 方法问题.
East Asia Library

4. Dispute settlement [2003]

Book
6 v. ; 30 cm.
  • General topics. 1.1. Preface and Introduction. 1.2. International Court of Justice. 1.3. Permanent Court of Arbitration
  • International Centre for Settlement of Investment Disputes. 2.1. Overview. 2.2. Selecting the appropriate forum. 2.3. Consent of arbitration. 2.4. Requirements ratione Personae. 2.5. Requirements ratione materiae. 2.6. Applicable law. 2.7. Procedural issues. 2.8. Post-award remedies and procedures. 2.9. Binding force and enforcement
  • World Trade Organization. 3.1. Overview. 3.2. Panels. 3.3. Appellate review. 3.4. Implementation and enforcement. 3.5. GATT 1994. 3.6. Anti-dumping measures. 3.7. Subsidies and countervailing measures. 3.8. Safeguard measures. 3.9. SPS measures. 3.10. Technical barriers to trade. 3.11. Textiles and clothing. 3.12. Government procurement. 3.13. GATS. 3.14. TRIPS. 3.15. Agriculture
  • World Intellectual Property Organization. 4.1. Arbitration and mediation center. 4.2. Domain name dispute resolution.
  • International commercial arbitration. 5.1. Overview. 5.2. Submission agreement/clause. 5.3. Arbitral tribunal. 5.4. Arbitral proceedings. 5.5. Law governing the merits of the dispute. 5.6. Making the award. 5.7. Recognition and enforcement of the award. 5.8. Court measures. 5.9. Electronic arbitration
  • Regional approaches. 6.1. NAFTA. 6.2. MERCOSUR. 6.3. ASEAN.
Law Library (Crown)
Book
x, 208 p. : ill. ; 24 cm.
  • 1. Introduction-- 2. Norms for the use of technology in dispute resolution-- 3. Developing dispute resolution processes-- 4. Technologies for supporting dispute resolution-- 5. Advanced intelligent technologies for dispute resolution-- 6. A three step model for online dispute resolution-- 7. Future prospects.
  • (source: Nielsen Book Data)9780521515429 20160604
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
(source: Nielsen Book Data)9780521515429 20160604
Law Library (Crown)
Book
1 online resource (218 p.) : digital, PDF file(s).
  • 1. Introduction-- 2. Norms for the use of technology in dispute resolution-- 3. Developing dispute resolution processes-- 4. Technologies for supporting dispute resolution-- 5. Advanced intelligent technologies for dispute resolution-- 6. A three step model for online dispute resolution-- 7. Future prospects.
  • (source: Nielsen Book Data)9780521515429 20160604
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
(source: Nielsen Book Data)9780521515429 20160604
Book
xxix, 277 pages ; 25 cm.
  • 'Mediation' : elephant or heffalump?' / Kevin Avruch
  • Rememberance of pleasures past : reflections of a practioner
  • The future of mediation worldwide : legal and cultural variations in the uptake of or resistance to mediation / Carrie Menkel-Meadow
  • Two failed mediations and the lessons learnt from them / Michael Hwang
  • Challenging the status quo / John Sturrock
  • Elder mediation : context, opportunities and challenges / Dale Bagshaw
  • Munich, majors and mediation / Peter Wallensteen
  • Collaborative dispute resolution assistance for refugees, internally displaced persons and host communities / Christopher Moore
  • The roles of culture : Muslim country leaders, NGOs, and European small-country leaders as international mediators in Southeast Asia / Bruce E. Barnes
  • Rocks on the road : inside the pandora's box of culture / Peter S. Adler
  • Social mediation forms in France / J.-P. Bonafé-Schmitt
  • Embedding mediation and dispute resolution into statutory civil law : the example of Germany / Thomas Trenczek & Serge Loode
  • The HOW and the WHAT : precise conflict resolution in complex processes through the example of the mediation, "Zukunft Landwehrkanal Berlin" (Future Landwehrkanal Berlin) / Beate Voskamp & Stefan Kessen
  • Digital conflict and digital justice / Ethan Katsh & Orna Rabinovich-Einy
  • Leaving disputants to their own devices : the vulnerable potential of mobile access to justice / Ian Macduff
  • The alchemy of mediation : aesthetic wisdom for a fragmented age / Nadja Alexander & Michelle LeBaron.
"Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater 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...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."-- Back cover.
Law Library (Crown)
Book
109 pages ; 24 cm.
  • Sculpturing adjudication as a public good : competition between jurisdictions as a modeling factor / Erlis Themeli
  • The (emerging) needs for ADR in retail payment systems : mediation / Safari Kasiyanto
  • From dispute settlement to judicial review? The deference debate in international investment law / Johannes Hendrik Fahner
  • People's mediation in China : a supplement to litigation / Liuhu Luo.
The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts. There is no general model for 'the' best way of settling disputes. Instead, what is the most suitable way of settling disputes highly depends on contextual factors, such as the nature of the parties involved, the nature of the relationship between them, the economic and/or moral value of the dispute, the cross-jurisdictional nature of the dispute, etc. This book aims to assess the way in which the nature of dispute resolution has evolved. With one mostly conceptual chapter and three chapters that analyse examples from radically different contexts, it makes clear that disputes are evolved within vastly different governance structures. Considering similar questions in different contexts, the chapters show how the evolution of dispute resolution has not only been shaped by the nature of disputes themselves and the type of parties involved, but also by the values that different systems try to protect.
(source: Nielsen Book Data)9789462366350 20160619
Law Library (Crown)
Book
xxxii, 762 pages ; 25 cm.
  • Preface.- Table of Contents.- List of Authors.- List of Abbreviations.- General Report: New Developments in Civil and Commercial Mediation - Global Comparative Perspectives-- Carlos Esplugues.- Mediation in Belgium: A Long and Winding Road-- Piet Taelman and Stefaan Voet.- La mediation au Benin dans une approche transfrontaliere et judiciaire-- Comlan Rene Vodounon-Djegni.- Exploring the Emerging Legal Landscape for Crossborder Mediation in Brazil: Where New Horizons Encounter Old Expectations-- Maristela Basso and Fabricio Bertini Pasquot Polido.- The Revival of ARD in China: the Path to Rule of Law or the Turn against Law?-- Yuanshi Bu and Xuyang Huo.- Act on Mediation - Significant Step on a Long Way to Make Mediation Work in the Czech Republic-- Monika Pauknerova and Magdalena Pfeiffer.- La mediation dans l'Espace CEMAC: La mediation en droits camerounais, centrafricain, congolais, gabonais et tchadien-- Achille Ngwanza.- The Courts and Bar Association as Drivers for Mediation in Finland-- Petri Taivalkoski and Annika Pynna.- Mediation in Germany: Finding the Right Balance between Regulation and Self-Regulation-- Burkhard Hess and Nils Pelzer.- Mediation: the Greek ADR Journey through Time-- Georgios Diamantopoulos and Vassiliki Koumpli.- Mediation in Italy: Feature and Trends-- Alessandra De Luca.- Regulating Mediation in Japan: Latest Development and its Background-- Shusuke Kakiuchi.- The Legal Framework for Mediation in Kazakhstan: Current State, Expectations of Public Recognition and Perspectives for Development-- Farkhad Karagussov.- Mediating in Lebanon: From Old to New?-- Jalal El Ahdab (Jil Ahdab) and Myriam Eid.- La mediation a la croisee des frontieres: le cas luxembourgeois-- Severine Menetrey.- Mexico and Civil, Family and Commercial Mediation: a Search for Complementary Routes to the State Courts-- Nuria Gonzalez Martin.- Mediation of legal disputes in Norway. Institutionalized, pragmatic and increasingly Popular-- Camilla Bernt.- La mediation, une autre voie de justice au Portugal?-- Maria Jose Capelo.- Les diverses facettes de la mediation au Quebec: present et avenir-- Sylvette Guillemard.- La mediation entre l'habitude d'avoir recours au systeme traditionnel de justice et le remboursement de l'integralite des frais de justice-- Daniel-Mihail Sandru and Dragos-Alin Calin.- Mediation in Russia: at the Beginning-- Alexey Argunov, Vsevolod Argunov, and Alexander Akhmetbekov.- Mediation in Slovenia: A Fruitful and Widespread Tool for Resolving Disputes-- Rajko Knez and Petra Weingerl.- A developing Mediation Minnow: the South African Perspective-- Theo Broodryk Mediation in Spain: Novelties Derived from the Boost of the European Legislator-- Carmen Azcarraga Monzonis and Pablo Quinza Redondo.- Mediation in Taiwan: Present Situation and Future Developments-- Kuan-Ling Shen.- Mediation in Ukraine: Urgent Issues of Theory and Practice and Necessity of Legislative Regulation-- Svitlana Fursa.- Annexes.- 1. Mediation-Questionnaire-Viena-2014 (English).- 2. Mediation-Questionnaire-Vienne-2014 (Francais).
  • (source: Nielsen Book Data)9783319181349 20160618
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.
(source: Nielsen Book Data)9783319181349 20160618
Law Library (Crown)
Book
xii, 410 pages : illustrations (some color) ; 25 cm
  • Introduction: The changing face of dispute resolution / Joachim Zekoll, Moritz Bälz and Iwo Amelung
  • Formalisation of alternative dispute resolution processes : some socio-legal thoughts / Michael Palmer
  • The private in public, the public in private : the blurring boundary between public and private dispute resolution / Deborah R. Hensler
  • China's dispute-resolution mechanisms and innovation in the transformation era / Yujun Feng and Xiaolong Peng
  • Mediation and the rule of law : the Chinese landscape / Hualing Fu
  • No alternative : resolving disputes Japanese style / Eric A. Feldman
  • Judicial dispute resolution and its many alternatives : the Nordic experience / Pia Letto-Vanamo
  • "Explaining" and "mediating" is more important than penalties : a comprehensive explanation of the resolution of minor cases at county level in late-imperial China (1368-1911) / Jiang Yu
  • The diversification and formalisation of ADR in Japan : the effect of enacting the act on the promotion of the use of alternative dispute resolution / Kota Fukui
  • In/formalisation and globalisation of international commercial arbitration and investment treaty arbitration in Asia / Luke Nottage
  • Informalism and formalism in the history of ADR in the United States and an exploration of the sources, character, and implications of formalism in a court-sponsored ADR programme / Wayne Brazil
  • Unlocking justice and markets : the promise of consumer ADR / Christopher Hodges
  • Private law enforcement and ADR : an arranged marriage / Gerhard Wagner.
In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
(source: Nielsen Book Data)9789004281165 20160617
Law Library (Crown)
Book
199 pages ; 25 cm.
  • Two concepts of formal justice / Wojciech Załuski
  • Bargaining for values : from a market economy to a market society / Marta Soniewicka
  • Tempus fugit / Jolanta Jabłonska-Bonca
  • Legal negotiation in the intercultural context / Wojciech Cyrul
  • Legal negotiations and the theory of mind / Łukasz Kurek
  • To frame an opponent : cognitive science and (legal) negotiations / Mateusz Hohol
  • The logic of legal negotiations / Bartosz Brożek
  • Meaning negotiation in legal reasoning and interpretation / Antonino Rotolo
  • Effective arguments for the legal negotiator : insights from argumentation theory / Eglė Maurice
  • Eristic methods in legal negotiations / Jerzy Stelmach, Bartosz Brożek.
Law Library (Crown)
Book
xli, 554 pages ; 24 cm
  • ADR mechanisms and their incorporation into global justice in the twenty-first century : some concepts and trends / Silvia Barona and Carlos Esplugues
  • Australia / David Bamford
  • China / Yuanshi Bu
  • England and Wales / Neil Andrews
  • Hong Kong / Gavin Denton and Fan Kun
  • India / Darius J. Khambata, Aditya N. Mehta and Naira J. Jejeebhoy
  • Indonesia / Marcella Elwina Simandjuntak, Valentinus Suroto and B. Resti Nurhayati
  • Ireland / Guillermo Palao Moreno
  • Japan / Masaaki Haga
  • Korea / Gyooho Lee
  • Philippines / Donemark J.L. Calimon
  • Singapore / Joel Lee
  • Thailand / Suparb Vongkiatkachorn
  • United States : arbitration / George A. Bermann
  • United States : mediation / Shanin Specter and Jason L. Pearlman.
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. Its goal is to analyse in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyses subjects covered by ADR devices, the existing legal regime, and its solutions and problems. The book provides a unique response to a topical matter of great legal and economic relevance. It is written by leading practitioners and scholars and provides a clear image of the existing framework from a legal, theoretical and practical standpoint. This book is essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world.
(source: Nielsen Book Data)9781780681399 20160612
Law Library (Crown)
Book
xxxvi, 454 pages : illustrations ; 25 cm
  • Guide for regulating dispute resolution (GRDR) : principles / Felix Steffek and Hannes Unberath (coordinators) ; Lin Adrian [and 14 others]
  • Guide for regulating dispute resolution (GRDR) : principles and comments / Felix Steffek and Hannes Unberath (coordinators) ; Lin Adrian [and 14 others]
  • Principled regulation of dispute resolution : taxonomy, policy, topics / Felix Steffek
  • Regulation of dispute resolution in Austria : a traditional litigation culture slowly embraces ADR / Peter G. Mayr and Kristin Nemeth
  • Regulation of dispute resolution in Belgium : workable solutions? / Ivan Verougstraete
  • Regulation of dispute resolution in Denmark : mediation, arbitration, boards and tribunals / Lin Adrian
  • Regulation of dispute resolution in England and Wales : a sceptical analysis of government and judicial promotion of private mediation / Hazel Genn, Shiva Riahi and Katherine Pleming
  • Regulation of dispute resolution in France : evolutions and challenges / Frédérique Ferrand
  • Regulation of dispute resolution in Germany : cautious steps towards the construction of an ADR system / Burkhard Ness and Nils Pelzer
  • Regulation of dispute resolution in Italy : the bumps in the road to successful ADR / Giuseppe De Palo and Ashley E. Oleson
  • Regulation of dispute resolution in Japan : alternative dispute resolution and its background / Shusuke Kakiuchi
  • Regulation of dispute resolution in the Netherlands : does regulation support or hinder the use of ADR? / Machteld Pel
  • Regulation of dispute resolution in Norway : vertical and horizontal regulatory strategies / Anneken Kari Sperr
  • Regulation of dispute resolution in Switzerland : mediation, conciliation and other forms of ADR in Switzerland / Isaak Meier in cooperation with Miguel Sogo, Sotirios Kotornis, Sarah Scheiwiller, David Siegwart, Claudia Wyss, Dheden Zotsang and Carlo Hamburger
  • Regulation of dispute resolution in the United States of America : from the formal to the informal to the "semi-formal" / Carrie Menkel-Meadow.
This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.
(source: Nielsen Book Data)9781849462587 20160612
Law Library (Crown)
Book
xviii, 264 p. ; 23 cm.
  • Introduction
  • Private dispute resolution
  • Ombudspersons
  • Apologies legislation
  • Public alternative dispute resolution.
Law Library (Crown)
Book
290 p. : ill. ; 23 cm.
  • Introduction / Vijay K. Bhatia, Christopher N. Candlin, Maurizio Gotti --tPromoting arbitration and mediation on the web / Giuliana Garzone
  • Framing the discourses of arbitration and mediation : a comparative analysis / Paola Catenaccio
  • The modus operandi of litigation in arbitration / Stefania M. Maci
  • Acquiring knowledge in the international commercial arbitration space in France / Anne Wagner
  • Till money (and divorce) do us part : premarital agreements in American and Spanish legal discourse / Olga Denti, Michela Giordano
  • Online dispute resolution in Italy : state of the art and future perspectives / Larissa D'Angelo
  • Linguistic pathologies in arbitration clauses / Celina Frade
  • Arguing the case : discoursal aspects of Italian commercial arbitration / Michele Sala
  • Indicators of argumentation in arbitration awards : a diachronic perspective / Chiara Degano
  • Spoken interaction in arbitration : an analysis of Italian arbitration proceedings / Patrizia Anesa
  • US commercial arbitration rules and mediation procedures : linguistic and discoursal features of a genre in action / Girolamo Tessuto
  • Variation in the juridical language of sprots arbitration / Alessandra Fazio.
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
(source: Nielsen Book Data)9783034304764 20160604
Law Library (Crown)
Book
xiv, 243 pages ; 22 cm.
Law Library (Crown)
Book
xii, 302 p. : ill. ; 25 cm.
  • Part 1 - Setting the Scene Introduction Part 2 - The New Approaches Therapeutic Jurisprudence Restorative Justice Preventive Law Creative Problem Solving Holistic Approaches to Law ADR - Appropriate or Alternative Dispute Resolution Non-Adversarial Processes in Family Law Problem-Oriented Courts Diversion Programs Indigenous Courts Managerial and Administrative Justice Coroners Part 3 - Implications and Future Directions Implications for the Courts Non-Adversarialism and the Legal Profession Non-Adversarialism and Legal Education References Index.
  • (source: Nielsen Book Data)9781862877474 20160604
This book outlines key aspects of a growing trend within the Australian, United States, Canadian, New Zealand, United Kingdom and other legal systems towards the use of non-adversarial justice. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures. It identifies the common themes, values and principles that bring these disparate theories and practices together and explicates them for practitioners, courts and students. It examines the implications of these changes on legal practice, the courts and legal education.
(source: Nielsen Book Data)9781862877474 20160604
Law Library (Crown)
Book
xiii, 152 p. ; 24 cm.
  • Background : development of electronic commerce and dispute resolution
  • The context of ODR
  • The current legal environment of ODR
  • Analysis : learning from successful experiences
  • The future of ODR
  • Conclusions and recommendations.
Law Library (Crown)
Book
xv, 304 p. ; 25 cm.
  • Introduction-- 1. Diplomatic dispute settlement and inter-state conciliation-- 2. The development of inter-state conciliation-- 3. Conciliation and the law-- 4. Conciliation and specific norms-- 5. The use of inter-state conciliation.
  • (source: Nielsen Book Data)9789067042604 20160528
Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.
(source: Nielsen Book Data)9789067042604 20160528
Law Library (Crown)
Book
263 p. ; 24 cm.
  • Preface-- Mediation and health-- Introduction-- DAY 1-- DAY 2-- DAY 3-- DAY 4-- DAY 5-- DAY 6-- DAY 7-- Model ADR Contract Clauses-- Index.
  • (source: Nielsen Book Data)9788757417555 20160527
The present book is an English translation of the author's: "Mediation: Seks mader I syv dage", published earlier this year. It is a book that has been needed for a long time.As an experienced litigator and mediator, Hans Boserup addresses the frequently asked question: How come it is so difficult to mediate well when it looks so easy?As he will show you, the answer lies in learning the art of mediation within a variety of shades and contours. When countless ways of mediation surface, it is because each mediator is rooted within his own value system and professional experience, overriding most of the training available to mediators today. There are as many differences in how to manage the process of mediation as there are mediators.Do you or do you not want to steer or be steered? Can heart and brain really work together, or should life be left entirely to the brain? Should emotions be given space in conflict? Is it acceptable that just that which is clearly measurable be included? Can I solve conflicts with parties living in another world so different from my own?What conflicts contribute to absence caused by illness? And can we reduce them? What contributes to improved sleep and concentration? And what contributes to harmony at home and in the workplace?This book is for consultants, neutral parties, shop stewards and managers. Teachers, doctors, psychologists, auditors and lawyers all meeting and being impacted by close conflict every day should read the book, too. The format and language are easy to read and digest, though you may want to go through it a couple of times.Designed as a seven-day training course for anyone who wants to learn more about the six primary modes of mediation, this comprehensive book also has the unique audio-visual supplement that further demonstrates and underscores the tenets and nuances of successful mediation.
(source: Nielsen Book Data)9788757417555 20160527
Law Library (Crown)

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