Download or read book An Asian Perspective on Mediation written by Joel Lee and published by Academy Publishing. This book was released on 2009 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prevailing mediation model and process is drawn primarily from the West. For a long time, there has been a call for conflict management approaches that are more appropriate for the Asian context. ... This book answers the call by identifying cultural values and norms that affect how conflicts may be perceived through Asian lenses, and how conflict management processes and practices should be structured...
Download or read book An Asian Perspective on Online Mediation written by Sanjana Hattotuwa and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New information and communication technologies such as the internet offer new capabilities for mediators. Online dispute resolution (ODR) refers to dispute resolution processes such as mediation assisted by information technology, particularly the internet. At least 115 ODR sites and services have been launched to date, resolving more than 1.5 million disputes. A number of these online dispute resolution services have been launched in the Asia Pacific including examples from China, the Philippines, Malaysia, Singapore, Australia and Sri Lanka. However this paper challenges the current paradigm being used for development of online dispute resolution and its application to the Asia Pacific region. Instead, it suggests that a more Asia-Pacific perspective needs to be taken that responds to the patterns of technology adoption in this region. In particular, the next generation of online dispute resolution systems will need to reflect the rich diversity of cultures in Asia and its unique socio-political textures. In doing so, these ODR systems will need to address peacebuilding and conflict transformation using technologies already prevalent in the region, like mobile telephony and community internet radio. Practical suggestions are made for future areas of development in ODR after a brief exploration of key challenges that influence the design of such systems.
Download or read book Conflict Resolution in Asia written by Stephanie P. Stobbe and published by Lexington Books. This book was released on 2020-07-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Download or read book Mediation in the Asia Pacific Region written by Dale Bagshaw and published by Routledge. This book was released on 2009-09-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.
Download or read book Contemporary Issues In Mediation Volume 1 written by Joel Lee and published by World Scientific. This book was released on 2016-07-21 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.
Download or read book The Singapore Convention on Mediation A Brighter Future for Asian Dispute Resolution written by Eunice Chua and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 26 June 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention and some commentary from an Asian perspective.
Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by and published by BRILL. This book was released on 2019-06-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.
Download or read book Negotiation written by Michael Leathes and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Download or read book Genocide and Mass Atrocities in Asia written by Deborah Mayersen and published by Routledge. This book was released on 2013-06-03 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twentieth century has been labelled the ‘century of genocide’, and according to estimates, more than 250 million civilians were victims of genocide and mass atrocities during this period. This book provides one of the first regional perspectives on mass atrocities in Asia, by exploring the issue through two central themes. Bringing together experts in genocide studies and area specialists, the book looks at the legacy of past genocides and mass atrocities, with case studies on East Timor, Cambodia and Indonesia. It explores the enduring legacies of trauma and societal divisions, the complex and continuing impacts of past mass violence, and the role of transitional justice in the aftermath of mass atrocities in Asia. Understanding these complex legacies is crucial for the region to build a future that acknowledges the past. The book goes on to consider the prospects and challenges for preventing future mass atrocities in Asia, and globally. It discusses both regional and global factors that may impact on preventing future mass atrocities in Asia, and highlights the value of a regional perspective in mass atrocity prevention. Providing a detailed examination of genocide and mass atrocities through the themes of legacies and prevention, the book is an important contribution to Asian Studies and Security Studies.
Download or read book Consumer Protection in Asia written by Geraint Howells and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Download or read book Gender Power and Mediation written by Jamila A Chowdhury and published by Cambridge Scholars Publishing. This book was released on 2012-11-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society.
Download or read book The Mediation Process written by Christopher W. Moore and published by John Wiley & Sons. This book was released on 2014-04-07 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation
Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by . This book was released on 1997 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Asia is one of few titles to deal exclusively with the Asian region. The examination of dispute resolution in ten countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies. Furthermore, The country studies in this work are not limited to arbitration or litigation but also examine mediation in each country. The introductory chapter presents an overview of dispute resolution throughout Asia and examines the interesting question of whether there is an `Asian' style of dispute resolution. The ten countries examined in the book are all important trading countries or destinations for foreign investment. The contributors to this publication consist of an impressive group of senior lawyers, international arbitrators, academics and directors of arbitration centres with considerable experience in the field. Their work taken together presents an interesting and varied examination of the rules on dispute resolution in the fastest growing region in the world. This book will be of interest to international business people and lawyers, As well as to students of dispute resolution.
