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New Developments in Civil and Commercial Mediation: Global Comparative Perspectives

New Developments in Civil and Commercial Mediation: Global Comparative Perspectives

Author: Carlos Esplugues; Louis Marquis
Publisher: Springer-Verlag
ISBN: 9783319181349
Published In: September 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,925.87

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Description
Contents

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By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world.

The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis.

The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Preface

Table of Contents

List of Authors

List of Abbreviations

General Report: New Developments in Civil and Commercial Mediation - Global Comparative Perspectives

Carlos Esplugues

Mediation in Belgium: A Long and Winding Road

Piet Taelman and Stefaan Voet

La mediation au Benin dans une approche transfrontaliere et judiciaire

Comlan Rene Vodounon-Djegni

Exploring the Emerging Legal Landscape for Crossborder Mediation in Brazil: Where New Horizons Encounter Old Expectations

Maristela Basso and Fabricio Bertini Pasquot Polido

The Revival of ARD in China: the Path to Rule of Law or the Turn against Law?

Yuanshi Bu and Xuyang Huo

Act on Mediation - Significant Step on a Long Way to Make Mediation Work in the Czech Republic

Monika Pauknerova and Magdalena Pfeiffer

La mediation dans l'Espace CEMAC: La mediation en droits camerounais, centrafricain, congolais, gabonais et tchadien

Achille Ngwanza

The Courts and Bar Association as Drivers for Mediation in Finland

Petri Taivalkoski and Annika Pynna

Mediation in Germany: Finding the Right Balance between Regulation and Self-Regulation

Burkhard Hess and Nils Pelzer

Mediation: the Greek ADR Journey through Time

Georgios Diamantopoulos and Vassiliki Koumpli

Mediation in Italy: Feature and Trends

Alessandra De Luca

Regulating Mediation in Japan: Latest Development and its Background

Shusuke Kakiuchi

The Legal Framework for Mediation in Kazakhstan: Current State, Expectations of Public Recognition and Perspectives for Development

Farkhad Karagussov

Mediating in Lebanon: From Old to New?

Jalal El Ahdab (Jil Ahdab) and Myriam Eid

La mediation a la croisee des frontieres: le cas luxembourgeois

Severine Menetrey

Mexico and Civil, Family and Commercial Mediation: a Search for Complementary Routes to the State Courts

Nuria Gonzalez Martin

Mediation of legal disputes in Norway. Institutionalized, pragmatic and increasingly Popular

Camilla Bernt

La mediation, une autre voie de justice au Portugal?

Maria Jose Capelo

Les diverses facettes de la mediation au Quebec: present et avenir

Sylvette Guillemard

La mediation entre l'habitude d'avoir recours au systeme traditionnel de justice et le remboursement de l'integralite des frais de justice

Daniel-Mihail Sandru and Dragos-Alin Calin

Mediation in Russia: at the Beginning

Alexey Argunov, Vsevolod Argunov, and Alexander Akhmetbekov

Mediation in Slovenia: A Fruitful and Widespread Tool for Resolving Disputes

Rajko Knez and Petra Weingerl

A developing Mediation Minnow: the South African Perspective

Theo Broodryk Mediation in Spain: Novelties Derived from the Boost of the European Legislator

Carmen Azcarraga Monzonis and Pablo Quinza Redondo

Mediation in Taiwan: Present Situation and Future Developments

Kuan-Ling Shen

Mediation in Ukraine: Urgent Issues of Theory and Practice and Necessity of Legislative Regulation

Svitlana Fursa

Annexes

1. Mediation-Questionnaire-Viena-2014 (English)

2. Mediation-Questionnaire-Vienne-2014 (Francais).

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