Download or read book Towards a Four Tiered Model of Mediation written by Hugo Luz dos Santos and published by Springer Nature. This book was released on 2023-02-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).

Download or read book Expedited International Arbitration written by Alan Anderson and published by Kluwer Law International B.V.. This book was released on 2024-06-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on the variety of methods adopted to provide an expeditious and cost-effective means for dispute resolution while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers such aspects as: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc’ (non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will gain a greater understanding of the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and in weighing the advantages and disadvantages of expedited arbitration procedures in various jurisdictions. The insights in this book will benefit international commercial arbitration as its stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, efficacious and cost-effective means of resolving commercial disputes.

Download or read book International Investment Law at the Juncture written by Shen Wei and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mediation Theory and Practice written by Suzanne McCorkle and published by SAGE Publications. This book was released on 2014-04-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blending theory and research with practical application, Mediation Theory and Practice, Second Edition, by Suzanne McCorkle and Melanie J. Reese, provides a thorough introduction to today’s ever expanding world of mediation, including updated research and new cases for analysis. Innovative yet practical, research-based yet readable, the book provides an overview of the basic principles of mediation in a variety of contexts to help readers understand mediation and its role in today’s society. Throughout the book, the authors help readers develop foundational mediation skills, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. Case studies and examples in every chapter, plus an appendix of role-playing scenarios, make this book ideal book for both college courses and certification training programs.

Download or read book Mediation written by John W. Keltner and published by . This book was released on 1987 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory section of the book contains three chapters dealing respectively with basic concepts and contexts, origins and development of mediation, and the mediator. The chapters in the section on practice are as follows: (1) "The Mediator in Action"; (2) "Phases in the Mediation Process"; (3) "Mediator Behaviors: Relationships, Processes, and Strategies"; (4) "Power and the Mediator"; (5) "You Are the Mediator: a Summary of Suggestions"; and (6)"Helping the Parties Use Mediation." The five appendixes include simulated cases for mediation, mediation analysis and evaluation forms, special exercises for mediators-to-be, a section on special projects, and a sample agreement between parties coming to mediation. Eighty-one references are included. (Skc).

Download or read book Multi Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Download or read book Applying Family Systems Theory to Mediation written by Wayne F. Regina and published by University Press of America. This book was released on 2011-11-16 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of mediation currently lacks a unifying theoretical foundation. This book attempts to remedy that by presenting one such comprehensive theoretical model. Family systems theory is based on the work of Murray Bowen, who was among the initial proponents of family therapy. Bowen family systems theory describes human relationships and human functioning using a systemic lens that conceptualizes human behavior through an intricate web of emotional processes. As a practicing mediator, teacher, and academic, Regina offers a systemic understanding of successful mediation, meditation techniques, the relationships between disputants, and the importance of mediator emotional maturity. He discusses the co-mediator relationship, the effects of multiple partiessuch as attorneys and stakeholder groups on the mediation process, the reasons for failed mediation, and the overall importance of theory in practice. This book provides a practical guide for the mediation practitioner and will assist both experienced and novice mediators in successfully navigating the often-intense, emotional minefield of mediation.

Download or read book Enterprise Information Systems written by Joaquim Filipe and published by Springer Science & Business Media. This book was released on 2008-10-20 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the best papers of the 9th International Conference on Enterprise Information Systems (ICEIS 2007), held in the city of Funchal, Madeira (Portugal), organized by the Institute for Systems and Technologies of Information, Control and Communication (INSTICC) and the University of Madeira, in collaboration with ACM/SIGMIS and AAAI. Furthermore, the conference was sponsored by the Por- guese Foundation for Science and Technology (FCT). ICEIS has become a major point of contact between research scientists, engineers and practitioners in the area of business applications of information systems. This year, five simultaneous tracks were held, covering different aspects related to ent- prise computing, including: “Databases and Information Systems Integration,” “Arti- cial Intelligence and Decision Support Systems,” “Information Systems Analysis and Specification,” “Software Agents and Internet Computing” and “Human–Computer Interaction”. All tracks focused on real-world applications and highlighted benefits of information systems and technology for industry and services, thus making a bridge between academia and enterprise. Following the success of 2006, ICEIS 2007 received 644 paper submissions from more than 40 countries. In all, 72 papers were published and presented as full papers, i.e., completed work (8 pages in proceedings / 30-min oral presentations), 198 papers, reflecting work-in-progress or position papers, were accepted for short presentation and another 131 for poster presentation.

Download or read book Mediation written by John Michael Haynes and published by State University of New York Press. This book was released on 2012-02-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This mediation how-to manual brings together the collective wisdom of two of the field's most renowned founders, John Michael Haynes and Larry Sun Fong. The book not only covers a range of mediation cases, but also uniquely provides feedback from the clients as they reflect on the sessions and report on what worked best for them. Beginning with a review of the theoretical underpinnings of the Haynes model of mediation, the book then presents six case studies with each demonstrating one or more of the organizing principles of mediation. The sessions examined reflect the different mediation areas currently being practiced—business, employment, neighborhood, adoption, education, and family. The book goes beyond simply reporting what mediators experience as it shares the insights and motivations of Fong and Haynes. This well-rounded approach includes the exploration of the clients' thoughts, helping readers to incorporate successful organizing principles into their own mediation practices.

Download or read book The Promise of Mediation written by Robert A. Baruch Bush and published by John Wiley & Sons. This book was released on 2004-10-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others. In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including a compelling description of how the field has moved toward increasing acceptance of the transformative model a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2016-04-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Download or read book How Mediation Works written by Stephen B. Goldberg and published by Emerald Group Publishing. This book was released on 2017-04-28 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

Download or read book Commercial Conflict Management and Dispute Resolution written by Peter Fenn and published by Routledge. This book was released on 2012-06-25 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.

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 Political Violence Armed Conflict and Youth Adjustment written by E. Mark Cummings and published by Springer. This book was released on 2017-03-15 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and critiques the growing literature on youth development under conditions of political violence and armed conflict. It presents a robust framework, based in developmental psychopathology, for evaluating current research on this topic for strength of design, methodology, and documentation. Cross-sectional and longitudinal studies from diverse regions and conflicts as well as across disciplines examine risks and challenges as well as resilience and coping as youth develop in unstable and threatening environments. In addition, this book provides strategies for designing and implementing prevention and intervention programs as well as further opportunities for expanding applied research for youth exposed to political violence and armed conflict. Topics featured in this book include: Analysis of major research on youths’ normative and pathological development during political violence and war. Guidelines for assessing research studies on the impact of political violence and armed conflict on youth. The effects of social ecology factors (e.g., family, school, and community) on youth functioning. Post-traumatic stress disorder. Trauma-Focused Cognitive-Behavioral Therapy. Political Violence, Armed Conflict, and Youth Adjustment is a must-have resource for researchers, professors, clinicians/professionals, and graduate students in the fields of child and school psychology, family studies, and public health as well as developmental psychology, child and adolescent psychiatry, political science, anthropology, social and peace psychology, sociology, and ethnic studies.

Download or read book Political Mediation in Modern Conflict Resolution Emerging Research and Opportunities written by da Rocha, José Pascal and published by IGI Global. This book was released on 2018-02-02 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, there has been conflict and the clashing of ideas. Although this has assisted in creating political and societal structures, it has also led to civil unrest, cases of severe discord, and war. Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities is a critical scholarly resource that examines the pursuit of peace in global civil war and conflict through the use of mediation. Featuring coverage on a broad range of topics, such as intercultural communication, social psychology, and conflict theory, this publication is geared towards academicians, students, and researchers seeking relevant and current research on governmental approaches to pursuing peace in instances of conflict and strife.

Download or read book Developing the Craft of Mediation written by Marian Roberts and published by Jessica Kingsley Publishers. This book was released on 2007-03-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "While there is no shortage of how-to books for mediators, works focusing on the voice of the mediator are rare. This book aims to fill that void by highlighting the perspectives of 16 mediators on a variety of topics, ranging from what motivates them to their different mediation styles and approaches." -Dispute Resolution Journal `I recommend this book to all mediators in whichever discipline they practise and with it the implicit challenge - to know and develop our craft.' -Resolution Newsletter, and www.resolution.org.uk The modern emergence of mediation represents the new and evolving application of an ancient and universal approach to settling quarrels. Mediation is now an established method of dispute resolution across a wide range of professional, workplace and social situations including the family, community, commercial, organisational, employment, environmental and international arenas. It is increasingly being applied to new legal, care and health sectors such as child abduction, child protection, housing and medical negligence. This book draws uniquely on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity, difficulty and satisfaction of their work as well as on the differences and commonalities within and across diverse fields of mediation practice. The book explores individual qualities and approaches, styles and models of practice, institutional frameworks and personal ideologies. Developing the Craft of Mediation is an essential aid for any mediator, and for other professionals wanting to enhance their understanding of the theory and practice of mediation.