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Essays on Mediation: Dealing with Disputes in the 21st Century

Essays on Mediation: Dealing with Disputes in the 21st Century

作者： Ian Macduff
出版商： Kluwer Law International
ISBN: 9789041183668
出版时间 September 2016
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥1,843.00

￥1,787.71 Save ￥55.29 (3%)

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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 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.

Features
- Collection of essays
- Leading practitioners and thinkers
- Diverse range of fields and applications
- Reflections on experience of last four decades of modern mediation
Benefits
- Snapshot of current state of development of mediation
- Insights into diverse fields of application and practice
- Role of mediation in both dispute resolution and prevention
- Historical and contemporary perspectives on ways in which mediation has become mainstream, no longer ‘alternative’
- Promise and potential of mediation in contemporary social and political agendas
- Recognition of deep roots and contemporary relevance of mediation
Editor

Contributors

Acknowledgement

Essays on Mediation: Introduction

Ian Macduff

Chapter 1        ‘Mediation: Elephant or Heffalump?’

Kevin Avruch

Chapter 2     Remembrance of Pleasures Past: Reflections of a Practitioner

Howard Gadlin

Chapter 3     The Future of Mediation Worldwide: Legal and Cultural Variations in the Uptake of or Resistance to Mediation

Carrie Menkel-Meadow

Chapter 4     Two Failed Mediations and the Lessons Learnt from Them

Michael Hwang

Chapter 5     Challenging the Status Quo

John Sturrock QC

Chapter 6     Elder Mediation: Context, Opportunities and Challenges

Dale Bagshaw

Chapter 7     Munich, Majors and Mediation

Peter Wallensteen

Chapter 8     Collaborative Dispute Resolution Assistance for Refugees, Internally Displaced Persons and Host Communities

Christopher Moore

Chapter 9        The Roles of Culture: Muslim Country Leaders, NGOs, and European Small-Country Leaders as International Mediators in Southeast Asia

Bruce E. Barnes

Chapter 10   Rocks On The Road: Inside the Pandora’s Box of Culture

Peter S. Adler

Chapter 11   Social Mediation Forms in France

J.-P. Bonafé-Schmitt

Chapter 12   Embedding Mediation and Dispute Resolution into Statutory Civil Law: The Example of Germany

Thomas Trenczek & Serge Loode

Chapter 13   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

Chapter 14   Digital Conflict and Digital Justice

Ethan Katsh & Orna Rabinovich-Einy

Chapter 15   Leaving Disputants to their Own Devices: The Vulnerable Potential of Mobile Access to Justice

Ian Macduff

Chapter 16   The Alchemy of Mediation: Aesthetic Wisdom for a Fragmented Age

Nadja Alexander & Michelle LeBaron

Index

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