Global Trends in MediationNadja Marie Alexander Kluwer Law International B.V., 2006 M01 1 - 480 pages In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. The unique value of the book for practitioners resides in (among other things) the following: and coverage of both common law and civil law jurisdictions; and attention to the diversity of legal cultures and systems on four continents; and a richer analysis of mediation models, standards, laws and practices than is available in other publications; and and a much wider spectrum of mediation laws and approaches worldwide than is traditional in comparative studies. A comprehensive introductory chapter establishes an international comparative framework for an analysis of the national chapters that follow, synthesising the main themes of the book and analysing global and systemic trends. andquot;Global Trends is a book which provides a comprehensive overview of mediation in 14 jurisdictions.........As well as being a wonderful resource, it provides a context for valuing and challenging the familiar mediation systems of home, wherever that may be.andquot; andquot;Global Trends in Mediation is a book which contributes significantly to the emergence of a 'collective consciousness' of mediation while enabling a glocalisation of the mediation movement: 'think globally, act locally. It is a book to be re-read for new information, nuances and inspiration as each topical issue arises.andquot; Margaret Halsmith in ADR Bulletin February 2007 (Vol 9 Number 5)
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Contents
CHAPTER | 7 |
CHAPTER 15 | 34 |
IMPACTS ON LITIGATION | 37 |
MEDIATION | 65 |
RECENT DEVELOPMENTS IN MEDIATION IN CANADA | 83 |
CHAPTER 5 | 107 |
MEDIATION IN DANISH | 123 |
4 | 130 |
WAITING FOR THE BIG BANG? | 259 |
THE DUTCH LANDSCAPE OF COURTENCOURAGED | 279 |
AN ELUSIVE OPPORTUNITY? | 305 |
HERE BUT NOT ALL THERE | 333 |
MEDIATION AND CONCILIATION IN SWITZERLAND | 371 |
79 | 387 |
ISSUES RIPE FOR REGULATION MAY SHAPE THE FUTURE | 389 |
APPENDIX | 451 |
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access to justice accreditation administrative ADR processes agreement Alternative Dispute Resolution arbitration areas Association Australia Austria cent Centre chapter civil law Civil Procedure Code commercial disputes commercial mediation common law community mediation conciliation conducted confidentiality consumer context court-related mediation criminal divorce established European European Union evaluation example facilitative Family Advocate Family Court family law family matters family mediation Federal German initiatives institutionalisation institutions involved issues judges judicial mediator law countries lawyers legislation litigation Lord Woolf Magistrates mandatory mediation matters médiation mediation in civil mediation practice mediation process mediation programs mediation schemes mediation services mediation training modern mediation negotiation Netherlands Note offenders offered Ombudsman online dispute resolution organisations participants parties penal mediation practitioners proceedings professional Québec referred Regulation relating resolve role Rules Scotland Scottish Executive sector session settlement social standards Supreme Court tribunals victim-offender mediation voluntary