Download or read book Mediaci n civil y mercantil en la administraci n de justicia written by Rosa Pérez Martell and published by . This book was released on 2008-09-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book La mediaci n written by Marques Cebola, Cátia and published by Marcial Pons. This book was released on 2010-12-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Con un exhaustivo examen del Derecho comparado, se analizan en este trabajo las más importantes cuestiones que se plantean en la resolución de conflictos a través de la mediación: su admisibilidad constitucional y material, su no siempre sencilla articulación con el sistema judicial, sus principales notas distintivas (voluntariedad, confidencialidad e igualdad), el papel de las partes y del abogado, la validez de las cláusulas de mediación, así como la responsabilidad por su incumplimiento y el carácter ejecutivo de los acuerdos finales. Se le dedica también especial atención a la Ley 5/2012, de 6 de julio, de mediación civil y mercantil, que ha incorporado al Derecho español la Directiva 2008/52/CE del Parlamento Europeo y del Consejo, de 21 de mayo de 2008. Una parte muy relevante del estudio está consagrada al análisis de las técnicas y estrategias implicadas en una mediación, así como al estatuto jurídico-profesional del mediador, fundamental para la elevación de su actividad a la categoría de profesión jurídica. En suma, una obra fundamental para mediadores, abogados, jueces y juristas en general, que pretende familiarizarles, desde una perspectiva técnica y muy rigurosa, con el funcionamiento de la mediación, que no es sino un mecanismo pacífico de realización de la justicia en el caso concreto.

Download or read book La mediaci n como m todo para la resoluci n de conflictos written by Rafael Cabrera Mercado and published by Midac, SL. This book was released on 2017-09-25 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: El libro colectivo que se publica y que tiene ahora tiene en sus manos es fruto del trabajo desarrollado en el marco del Plan de Apoyo a la Investigación, Desarrollo Tecnológico e Innovación del Vicerrectorado de Investigación de la Universidad de Jaén, bajo el patrocinio de la Fundación Caja Rural de Jaén. En efecto, en virtud de la convocatoria del bienio 2014-2015 se nos concedió la ayuda correspondiente para el desarrollo de la actividad investigadora denominada «La mediación como alternativa a la judicialización de asuntos mercantiles y administrativos. Aspectos sustantivos y procesales» (Código UJA2014/06/04).Han sido numerosas las actividades desarrolladas por los miembros de este proyecto durante estos dos últimos años. Quizás, por la repercusión que tuvo, sea destacable la organización del Congreso Internacional que, sobre la mediación como alternativa a judicialización de asuntos civiles, mercantiles y administrativos, se desarrolló en la Universidad de Jaén en marzo de 2017. A raíz de este evento y como consecuencia del trabajo de investigación llevado a cabo anteriormente, han sido numerosas las personas con reconocida competencia en la materia que han querido colaborar para elaborar la obra que ahora ve la luz bajo el título genérico de La mediación como método para la resolución de conflictos.El libro se divide en cinco partes diferenciadas en donde se pretende profundizar en aspectos importantes de la vida diaria en donde podría aplicarse la mediación. En concreto, después de analizar la mediación desde una perspectiva general, se entra a estudiar diferentes aspectos de la mediación civil, mercantil y concursal. El tercer bloque está dedicado al difícil encaje de la mediación en el Derecho administrativo y en el proceso contencioso-administrativo. Después se llevan a cabo estudios concretos sobre la mediación en materia de consumo, en el ámbito laboral y en el penal. Por último, se cierra con una serie de aportaciones de Derecho comparado, analizando y dando noticia de la regulación de la mediación en Italia, Reino Unido, Portugal y Colombia, además de estudiar la mediación internacional en el caso concreto del proceso de Oslo en el conflicto palestinoisraelí.

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Download or read book Mediation across the Globe written by Kevin Brown and published by Cambridge Scholars Publishing. This book was released on 2018-10-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every mediator recalls how difficult it was to break into the field of Alternative Dispute Resolution (ADR) and how gaining initial experience was near impossible. This eye-opening book provides insights into what success looks like in a mediation practice. The Annual World Mediation Summit brings some of the most forward-thinking international conflict experts together in this book sharing their accounts of how mediation is used to resolve interpersonal and international conflicts so that participants walk away from the conflict with win-win solutions. This book will appeal to anyone interested in practical experiences in mediation across the globe, or wanting to discover how the most successful mediators operate. It is also appropriate for anyone interested in learning from successful judges, lawyers and mediators. Furthermore, this book will be useful to anyone who wants to learn about how mediation works worldwide and to learn from mediators’ challenges and capitalize on their successes. The twenty plus chapters here are written by authors from across the globe supporting the use of mediation in place of other more complicated systems. Their experiences are thoughtfully and clearly described in this book.

Download or read book Comparative Law for Spanish English Speaking Lawyers written by S.I. Strong and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.

Download or read book Subverting Colonial Authority written by Sergio Serulnikov and published by Duke University Press. This book was released on 2003-09-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative political history provides a new perspective on the enduring question of the origins and nature of the Indian revolts against the Spanish that exploded in the southern Andean highlands in the 1780s. Subverting Colonial Authority focuses on one of the main—but least studied—centers of rebel activity during the age of the Túpac Amaru revolution: the overwhelmingly indigenous Northern Potosí region of present-day Bolivia. Tracing how routine political conflict developed into large-scale violent upheaval, Sergio Serulnikov explores the changing forms of colonial domination and peasant politics in the area from the 1740s (the starting point of large political and economic transformations) through the early 1780s, when a massive insurrection of the highland communities shook the foundations of Spanish rule. Drawing on court records, government papers, personal letters, census documents, and other testimonies from Bolivian and Argentine archives, Subverting Colonial Authority addresses issues that illuminate key aspects of indigenous rebellion, European colonialism, and Andean cultural history. Serulnikov analyzes long-term patterns of social conflict rooted in local political cultures and regionally based power relations. He examines the day-to-day operations of the colonial system of justice within the rural villages as well as the sharp ideological and political strife among colonial ruling groups. Highlighting the emergence of radical modes of anticolonial thought and ethnic cooperation, he argues that Andean peasants were able to overcome entrenched tendencies toward internal dissension and fragmentation in the very process of marshaling both law and force to assert their rights and hold colonial authorities accountable. Along the way, Serulnikov shows, they not only widened the scope of their collective identities but also contradicted colonial ideas of indigenous societies as either secluded cultures or pliant objects of European rule.

Download or read book Mediation Law and Practice written by David Spencer and published by Cambridge University Press. This book was released on 2007-02-08 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

Download or read book Global Perspectives on ADR written by Carlos Esplugues Mota and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Download or read book In Re Lyons written by and published by . This book was released on 1990 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil and Commercial Mediation in Europe set Vols 1 2 written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.

Download or read book Domination and the Arts of Resistance written by James C. Scott and published by Yale University Press. This book was released on 2008-10-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Play fool, to catch wise."--proverb of Jamaican slaves Confrontations between the powerless and powerful are laden with deception--the powerless feign deference and the powerful subtly assert their mastery. Peasants, serfs, untouchables, slaves, laborers, and prisoners are not free to speak their minds in the presence of power. These subordinate groups instead create a secret discourse that represents a critique of power spoken behind the backs of the dominant. At the same time, the powerful also develop a private dialogue about practices and goals of their rule that cannot be openly avowed. In this book, renowned social scientist James C. Scott offers a penetrating discussion both of the public roles played by the powerful and powerless and the mocking, vengeful tone they display off stage--what he terms their public and hidden transcripts. Using examples from the literature, history, and politics of cultures around the world, Scott examines the many guises this interaction has taken throughout history and the tensions and contradictions it reflects. Scott describes the ideological resistance of subordinate groups--their gossip, folktales, songs, jokes, and theater--their use of anonymity and ambiguity. He also analyzes how ruling elites attempt to convey an impression of hegemony through such devices as parades, state ceremony, and rituals of subordination and apology. Finally, he identifies--with quotations that range from the recollections of American slaves to those of Russian citizens during the beginnings of Gorbachev's glasnost campaign--the political electricity generated among oppressed groups when, for the first time, the hidden transcript is spoken directly and publicly in the face of power. His landmark work will revise our understanding of subordination, resistance, hegemony, folk culture, and the ideas behind revolt.

Download or read book Doing the Dirty Work written by Bridget Anderson and published by Palgrave Macmillan. This book was released on 2000-02 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a tendency amongst feminists to see domestic work as the great leveller, a common burden imposed on all women equally by patriarchy. This unique study of migrant domestic workers in the North uncovers some uncomfortable facts about the race and class aspects of domestic oppression. Based on original research, it looks at the racialisation of paid domestic labour in the North - a phenomenon which challenges feminsim and political theory at a fundamental level. The book opens with an exploration of the public/private divide and an overview of the debates on women and power. The author goes on to provide a map of employment patterns of migrant women in domestic work in the North; she describes the work they perform, their living and working conditions and their employment relations. A chapter on the US explores the connections between slavery and contemporary domestic service while a section on commodification examines the extent to which migrant domestic workers are not selling their labour but their whole personhood. The book also looks at the role of the Other in managing dirt, death and pollution and the effects of the feminisation of the labour market - as middle class white women have greater presence in the public sphere, they are more likely to push responsibility for domestic work onto other women. In its depiction of the treatment of women from the South by women in the North, the book asks some difficult questions about the common bond of womanhood. Packed with information on the numbers of migrant women working as domestics, the racism, immigration or employment legislation that constrains their lives, and testimonies from the workers themselves, this is the most comprehensive study of migrant domestic workers available.

Download or read book The Failure of Modern Civilization and the Struggle for a deep Alternative written by Claudia von Werlhof and published by Beiträge zur Dissidenz. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western civilization is the Utopia of a better and higher life on Earth. The globalization of neo-liberalism proves that this project has failed. The paradigm of «Critical Theory of Patriarchy» explains this failure and discusses alternatives. By confronting the central civilizations in history, the egalitarian, life-oriented matriarchal one, and the hierarchical, nature and life dominating, hostile patriarchal one, we see that 5000 years of patriarchy have «replaced» matriarchies and nature itself by a «progressive» counter-world of «capital». This transformation characterizes «capitalist patriarchy» including «socialism». Its demise is due to the «alchemical» destruction of the world's resources, thought of, theologically legitimized and fetishized as «creation». This violence is not recognized. Elites have, instead, begun with a new «military alchemy», treating the whole Planet as weapon of mass destruction. Hence, the «Planetary Movement for Mother Earth».

Download or read book Bibliograf a jur dica de Am rica Latina 1810 1965 written by Alberto Villalón-Galdames and published by Editorial Jurídica de Chile. This book was released on 1969 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated bibliography of material published from 1810 to 1965 on law, jurisprudence and commenting on legislation (incl. Labour legislation) in Latin America.

Download or read book The Praxis of Justice written by Brunilda Pali and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Praxis of Justice brings together original contributions on restorative justice centering on the work of Ivo Aertsen, Emeritus Professor of Criminology in the Faculty of Law, KU Leuven. The work of Ivo Aertsen has impacted not only his country, Belgium, but the whole world. In recognition of a worthy life, his friends and colleagues of different generations and from all around the world have created this Liber Amicorum, as a living testament to friendship and accomplishment. The contributions in the book are both diverse and complementary as colours and motives of a tapestry, ranging from fully fledged scholarly reflections to personal anecdotes, memories and letters. The book will be especially interesting for anyone interested in restorative justice in general, and in the work of Ivo Aertsen in particular.