Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Download or read book Ethics and Justice in Mediation written by Mary Anne Noone and published by . This book was released on 2018-07-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.
Download or read book Mediation and Justice written by Penelope McRedmond and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural or substantive justice and fairness. Focusing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, the book identifies areas where this fails, and provides solutions and suggestions to improve it. The dangers of private justice, bias, mandatory mediation and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. The book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system"--
Download or read book The Possibility of Popular Justice written by Sally Engle Merry and published by University of Michigan Press. This book was released on 2010-05-06 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.
Download or read book Mediation Law written by Penny Brooker and published by Routledge. This book was released on 2013-10-23 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.
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 Gender and Justice in Family Law Disputes written by Samia Bano and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mediation and religious dispute-resolution mechanisms operate within diverse communities
Download or read book Mediation in the Reflection of Law and Society written by Lenka Holá and published by Kluwer Law International B.V.. This book was released on 2021-12-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.
Download or read book Community Mediation Programs written by Daniel McGillis and published by DIANE Publishing. This book was released on 1999-02 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines developments in the community mediation field over the past two decades & reviews the field's major achievements & ongoing challenges. The evolution of the field, the diversification of services, & major resources available to the field are reviewed & research findings dealing with community mediation are also examined. Information for the report was obtained from: a review of literature in the field, an examination of materials obtained from programs across the country, discussions with experts in the field, & site visits to innovative programs in CA, NY, & NC. Charts & graphs. Resource listing.
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 Mediation written by Klaus J. Hopt and published by . This book was released on 2013 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
Download or read book Informal Reckonings written by Andrew Woolford and published by Routledge. This book was released on 2008-01-15 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system.
Download or read book Family Mediation written by Lisa Parkinson and published by Family Law Publications. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.
Download or read book Mediation and Criminal Justice written by Martin Wright and published by Sage Publications (CA). This book was released on 1989 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rise of mediation has been inspired by varied motives: to give victims or offenders better outcomes; to relieve the pressures on the courts; to offer courts new ways of resolving disputes; and to restore justice to the community outside the criminal justice system. To what extent can mediation schemes achieve the aims of their exponents? Martin Wright and Burt Galaway assess the international experience of mediation in theory and in practice. A team of researchers and practitioners draw together experience in North America, Western Europe and Japan, and examine the extent to which different forms of mediation have succeeded in their aims. They address key problems such as how far mediation has offered real benefits to victims, to offenders, or to both; how far it has merely extended the reach of the criminal justice system." --
Download or read book The Handbook of Victim Offender Mediation written by Mark S. Umbreit and published by John Wiley & Sons. This book was released on 2002-02-28 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by Mark Umbreit, internationally known for his work in restorative justice, this indispensable resource offers an empirically grounded, state-of-the-art analysis of the application and impact of victim offender mediation, a movement that has spread throughout North America and abroad. The Handbook of Victim Offender Mediation provides practical guidance and resources for offering victim meditation in property crimes, in minor assaults, and, more recently, with crimes of severe violence, including with family members of murder victims who request to meet the offender.
Download or read book Nordic Mediation Research written by Anna Nylund and published by Springer. This book was released on 2018-04-03 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
Download or read book Affordable Justice written by Elizabeth L. Allen and published by . This book was released on 1997 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in response to the failure of the legal system to meet people's needs for affordable justice, this step-by-step guide provides information on how to settle disputes out of court. Designed for individuals as well as businesses of all sizes, this book contains practical information and advice for anyone who wants to avoid the nightmare of a legal battle. It gives readers the tools to negotiate a fair settlement and avoid the high cost of court justice. This practical guide discusses how to settle disputes using mediation and/or arbitration and resolve divorce battles in ways that minimize conflict.