International and Comparative Mediation

International and Comparative Mediation
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
Total Pages: 538
Release: 2009-01-01
Genre: Law
ISBN: 9041132244

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Comparative International Commercial Arbitration

Comparative International Commercial Arbitration
Author: Julian D. M. Lew
Publisher: Kluwer Law International B.V.
Total Pages: 994
Release: 2003-01-01
Genre: Law
ISBN: 9041115684

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Global Trends in Mediation

Global Trends in Mediation
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
Total Pages: 514
Release: 2006-01-01
Genre: Law
ISBN: 904112571X

In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

Comparative Dispute Resolution

Comparative Dispute Resolution
Author: Maria F. Moscati
Publisher: Edward Elgar Publishing
Total Pages: 608
Release: 2020-12-25
Genre: Law
ISBN: 1786433036

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.

The European Union as International Mediator

The European Union as International Mediator
Author: Julian Bergmann
Publisher: Springer
Total Pages: 280
Release: 2019-07-27
Genre: Political Science
ISBN: 3030255646

This book explores the EU’s effectiveness as an international mediator and provides a comparative analysis of EU mediation through three case studies: the conflict over Montenegro’s independence, the Belgrade-Pristina dialogue between Kosovo and Serbia, and the Geneva International Discussions on South Ossetia and Abkhazia. The book starts from the observation that the EU has emerged as an important international provider of mediation in various conflicts around the world. Against this background, the author develops an analytical framework to investigate EU mediation effectiveness that is then applied to the three cases. The main finding of the book is that EU mediation has a stabilising effect on conflict dynamics, making renewed escalation less likely and contributing to the settlement of conflict issues. At the same time, the EU’s effectiveness depends primarily on its ability to influence the conflict parties’ willingness to compromise through conditionality and diplomatic pressure.

Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes
Author: Catharine Titi
Publisher: Oxford University Press, USA
Total Pages: 417
Release: 2019
Genre: Law
ISBN: 0198827954

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-12-10
Genre: Law
ISBN: 940352863X

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

International Mediation

International Mediation
Author: Paul F. Diehl
Publisher: John Wiley & Sons
Total Pages: 259
Release: 2013-08-27
Genre: Political Science
ISBN: 0745661440

Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.