Download or read book It s Time for Mediation written by Dana Barbu and published by Europa Edizioni. This book was released on 2023-11-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressed to all those going through a conflict situation, It’s Time For Mediation focuses on an alternative dispute solution. From the perspective of its regulation as an independent procedure with rules recognized at the legislative level, mediation is a relatively new procedure both at the European and global level. Anyone who wants to solve a dispute quickly and harmoniously can be a beneficiary of mediation. This book aims to reveal how mediation works and the role of the mediator with examples from all over the world but emphasizing Romanian legislation. It also highlights the aspects that validate mediation as a conflict resolution method perfectly adapted to these times, as it resolves conflicts not only by saving money and time but also by reducing emotional consumption. You will understand how mediation finds solutions that satisfy both parties, and in what situations it can intervene with optimal results. A woman with a multifaceted career, Dana Barbu is a Mediator, Legal and Parliamentary Adviser. Educated in Bucharest and Paris, with two Bachelor’s Degrees and a Master’s Degree under her belt, Barbu is also a published author with three books released to date. Throughout her career, she has worked in NGOs and has more than fifteen years of experience in the private and public sectors, giving her a complex and complete perspective on interpersonal conflicts. A spokesperson for mediation’s advantages, Dana Barbu helped employers and employees manage not only conflicts related to business and the workplace but also conflicts arising from personal life.
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press. This book was released on 2019-07-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book R seaux socionum riques et m diations humaines Le social est il soluble dans le web written by ROJAS Estrella and published by Lavoisier. This book was released on 2013-10-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le développement massif des pratiques d’agir avec et de vivre ensemble, instrumentées par les réseaux socionumériques, ainsi que l’usage abondant de l’expression « web social » et de ses dérivés peuvent être vus comme les indices d’une nouvelle étape de l’industrialisation numérique de la culture et du symbolique qui s’empare désormais du social. Afin d’en préciser les effets et les dynamiques, l’ouvrage propose une approche du social comme un construit en mouvement fait d’associations entre êtres (humains, techniques, symboliques, etc.). Il analyse les dispositifs socionumériques en tant que « machines d’écritures », puis il se penche sur des collectifs mus par des buts communs et articulés par des plateformes dédiées. En mettant ainsi en tension l’analyse des dispositifs et celle des pratiques, ce livre collectif dresse un tableau contrasté de la pharmacologie numérique du vivre ensemble.
Download or read book Enforcement and Effectiveness of the Law La mise en oeuvre et l effectivit du droit written by Nicolás Etcheverry Estrázulas and published by Springer. This book was released on 2018-07-13 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today’s society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak. The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law. Ce livre rassemble les contributions générales du 3ème Congrès thématique de l'Académie internationale de droit comparé, qui s'est déroulé du 16 au 18 novembre 2016 à Montevideo en Uruguay. Le sujet principal du Congrès était la mise en oeuvre et l’effectivité du droit qui constituent une préoccupation particulièrement pertinente dans la société contemporaine où les expressions du droit se sont multipliées et où le pluralisme juridique semble avoir atteint son apogée. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacité du règlement des différends internationaux. En outre, il examine en détail les relations entre l'application et l'efficacité du droit pénal, du droit des contrats et du droit de la famille.
Download or read book Commercial Mediation in Europe written by Ewald A. Filler and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.
Download or read book Rebuilding Community Connections Mediation and Restorative Justice in Europe written by Ivo Aertsen and published by Council of Europe. This book was released on 2004-01-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebuilding community connections outlines the main features of restorative justice, including different models and research findings, and proposes guidelines for setting up programmes. It also identifies problems and ways of dealing with them. This guide provides essential information for those planning to introduce restorative justice, in particular countries in central and eastern Europe. For countries that have already done so, it offers an opportunity to review practice in the light of experience and research elsewhere. -- Council of Europe.
Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Otto Schmidt Verlag DE. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Mediation Law and Practice written by Giuseppe De Palo and published by OUP Oxford. This book was released on 2012-10-04 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.
Download or read book CMA written by and published by . This book was released on 1995 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of the EU in Transnational Legal Ordering written by Marta Cantero Gamito and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
Download or read book Parliamentary Papers written by Great Britain. Parliament. House of Commons and published by . This book was released on 1864 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conf rence Sur L uniformisation Des Lois Au Canada written by Uniform Law Conference of Canada and published by . This book was released on 2000 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Report Morocco 2015 written by Oxford Business Group and published by Oxford Business Group. This book was released on 2015-10-09 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morocco’s economy is well diversified, particularly relative to many countries in the MENA region. Tourism is a substantial contributor, generating nearly $6bn (€5.4bn) in annual revenues, as is the agricultural sector, which can be susceptible to variations in rainfall. Manufacturing industries include textiles, automotive and aeronautics, while recent years have seen the expansion of the ICT sector, particularly outsourcing. Investment in ports, transport and industrial infrastructure, and the establishment of a free trade zone, have boosted competitiveness and left the kingdom well-positioned to act a transport hub and business broker across many African markets.
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
