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Mediation in the Reflection of Law and Society: European Perspectives

Mediation in the Reflection of Law and Society: European Perspectives

作者： Lenka Holá; Martina Urbanová; Miloš Vecera; David Fiedor; Jan Holas
出版商： Kluwer Law International
ISBN: 9789403542140
出版时间 January 2022
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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About this book:

Mediation in the Reflection of Law and Society is a pioneering book capturing the socio-legal context of mediation. Despite slow progress in use, mediation has never failed to make its presence felt in dispute resolution. Through this remarkable book, the contributors have elucidated the need to cultivate a more favourable socio-legal climate for mediation to thrive, and thus, they analyse the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different European Union (EU) countries. Based on a spatiotemporal analysis and models of mediation in the EU, the book identifies the social and cultural reasons for the fragmentation of its legal regulation and reveals the courses available for promoting the effective implementation of mediation in social practice. This book is also unique as a spatiotemporal analysis of the extent of use of mediation in a region as large and diverse as the EU has never been carried out before.

What’s in this book:

Several methodological and conceptual approaches to evaluate the legal and social aspects of introducing mediation to legal systems have been employed by the authors – all with long-term experience in the exercise and research of mediation directly in the field – to furnish insights into the following facets of the use of mediation:
- the social context that raises the need for mediation;
- obstacles to the wider use of mediation in resolving disputes between parties;
- the effects of social influences reflected in legislation that shape the laws of each country;
- the basic models that make up the system of access to mediation in specific EU Member States;
- the role of law as a tool for social change and its reflection in the legal regulation of mediation; and
- perspectives for further development of mediation in the EU.
Modern knowledge of law, sociology and psychology form the basis for the legislative efforts proposed for enhancing the regulation of mediation in EU countries.

How this will help you:

Inarguably, this book provides a fundamental contribution to the legal theory and practice of mediation. Its analysis of mediation is of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, this book will be highly appreciated for the leaps it takes towards refining arguments for the promotion of mediation and its development, in theory, research and practice.
About the Authors

Preface

Acknowledgements

PART I

Mediation in the Perspective of Law and Social Change

Martina Urbanová & Miloš Vecera

CHAPTER 1

Law, Society and Mediation

Martina Urbanová & Miloš Vecera

CHAPTER 2

Mediation Through the Lens of Social Change

Martina Urbanová & Miloš Vecera

PART II

An Analysis of Selected Cultural, Social and Legal Sources of Mediation Introduction

Lenka Holá

CHAPTER 3

Cultural Sources for Introduction of Mediation: Changes in Shared Identity

Lenka Holá

CHAPTER 4

Social Sources for Introduction of Mediation: Empowerment as Acceptance of Responsibility

Lenka Holá

CHAPTER 5

Legal Sources of Mediation: Justice, Decency and Satisfaction

Lenka Holá

PART III

Systems of Approach to Mediation in the EU

Jan Holas

CHAPTER 6

Development and Forms of Systems of Approach to Mediation in the EU

Jan Holas

CHAPTER 7

Limitation of Coercion to Use Mediation in the EU

Jan Holas

PART IV

A Spatiotemporal Analysis of the Rate of Mediation Use in Individual EU Countries

David Fiedor & Lenka Holá

CHAPTER 8

Rates of Mediation Use in Individual EU Countries

David Fiedor & Lenka Holá

CHAPTER 9

The Rate of Mediation Use by Courts of First Instance in the Visegrad Four Countries

David Fiedor & Lenka Holá

PART V

Prospects for the Development of Mediation in the EU

Jan Holas, David Fiedor & Lenka Holá

CHAPTER 10

Prospects for the Development of Mediation in the EU

Jan Holas, David Fiedor & Lenka Holá

Summary

Index

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