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 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 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 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 Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Download or read book Comparative and Transnational Dispute Resolution written by Shahla Ali and published by Taylor & Francis. This book was released on 2023-02-10 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

Download or read book Strengthening Family Courts written by Dr. Zahidul Islam and published by Dr Zahidul Islam. This book was released on 2006-11-01 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of establishment of Family Courts in Bangladesh was to ensure a quick, effective and amicable disposal of some of the family matters, which the traditional civil courts had failed to successfully deal with. Unfortunately, the noble aim of introducing Family Courts has not been expectantly achieved though already more than two decades have passed after the courts’ coming into operation. There are many and diverse type of reasons behind such letdown. Given the socio-economic grounds, the procedural as well as substantive loopholes in the ordinance and related laws are not negligible. Besides, there are some misconceptions. This book endeavours to examine those confusions, uncertainties and misconceptions in the light of judicial decisions of the country’s higher courts.

Download or read book Ecological Migration and Targeted Poverty Alleviation in Ningxia written by Xiaoyi Wang and published by Springer Nature. This book was released on 2022-12-14 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses Ecological Migration and Precision Poverty Alleviation Measures, based on research conducted in Ningxia. “Resettling residents currently living in poor areas” is an important measure for “precise poverty alleviation.” China’s central government has provided extraordinary support for these areas, so as to help with “removing poverty nests,” “changing poverty industries,” and “pulling out the roots of poverty.”This book is mainly based on research conducted in Ningxia, one of the earliest areas in China to achieve poverty alleviation and development through immigration and relocation. Since the Twelfth Five-Year Plan, Ningxia’s ecological migration has been integrated into the process of new urbanization and industrialization. Poverty alleviation and relocation not only involves regional transfer, industrial transformation, and changes in livelihood, but also the social adaptation and integration of migrant groups. In addition to examining these aspects, the book shares stories of how impoverished individuals have succeeded in changing their fates.

Download or read book International Protection of Foreign Investment 2009 I written by Center for International Legal Studies (Salzburg) and published by Lulu.com. This book was released on 2009-07-31 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 RELEASE - Vol I: Argentina-Italy. "International Protection of Foreign Investment, a two-volume set with more than 1,100 pages, examines the regimes applicable to inward investment in countries in North and South America, Asia and the Pacific, the Middle East, and Europe. The publication surveys issues concerning national treatment, expropriation and compensation, repatriation of funds, treatment of intellectual property, taxation, incentives, and dispute resolution. The reports are prepared by local business practitioners. Order volume II to complete the set. The publication is replaced by updated volumes annually. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Download or read book Effective Practice in Youth Justice written by Martin Stephenson and published by Routledge. This book was released on 2010-12-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and up-to-date review of research and the implications for practice, the second edition of Effective Practice in Youth Justice considers core areas of youth justice practice, such as how to engage young people effectively within the context of recent changes to the youth justice system brought about by the introduction of the scaled approach and the Youth Rehabilitation Order. It also provides an overview of the available research in specific areas of practice, including assessment; planning interventions and supervision; mental health; substance misuse; restorative justice; education, training and employment; and custody and resettlement. The content has been specifically developed to meet the needs of students taking Youth Justice Board (YJB) sponsored courses with the Open University and is required reading for many of these. The book is also an essential resource for professionals working within the youth justice system, those training to work in youth justice, and students taking courses in youth justice or related subjects.

Download or read book Understanding Peacekeeping written by Paul D. Williams and published by John Wiley & Sons. This book was released on 2020-12-18 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peace operations remain a principal tool for managing armed conflict and protecting civilians. The fully revised, expanded and updated third edition of Understanding Peacekeeping provides a comprehensive and up-to-date introduction to the theory, history, and politics of peace operations. Drawing on a dataset of nearly two hundred historical and contemporary missions, this book evaluates the changing characteristics of the contemporary international environment in which peace operations are deployed, the strategic purposes peace operations are intended to achieve, and the major challenges facing today’s peacekeepers. All the chapters have been revised and updated, and five new chapters have been added – on stabilization, organized crime, exit strategies, force generation, and the use of force. Part 1 summarizes the central concepts and issues related to peace operations. Part 2 charts the historical development of peacekeeping, from 1945 through to 2020. Part 3 analyses the strategic purposes that United Nations and other peace operations are intended to achieve – namely, prevention, observation, assistance, enforcement, stabilization, and administration. Part 4 looks forward and examines the central challenges facing today’s peacekeepers: force generation, the regionalization and privatization of peace operations, the use of force, civilian protection, gender issues, policing and organized crime, and exit strategies.