Das Buch vermittelt praxisbezogen die grundlegenden Prinzipien, Methoden und den Ablauf der erfolgreichen Mediation. Im Mittelpunkt stehen bewahrte Kommunikations- und Gesprachstechniken, Beginn und Durchfuhrung der Mediation, der Mediationsvertrag und die Abschlussvereinbarung sowie ein historischer Abriss. UEbersichten veranschaulichen die Struktur des Gesprachs im Mediationsverfahren; zahlreiche Praxisbeispiele, Checklisten und Formulierungshilfen erleichtern die Umsetzung. Die klare und ubersichtliche Darstellung ermoeglicht das schnelle und gezielte Nachschlagen zentraler theoretischer und praktischer Aspekte der Mediation. Ein auf die Phasen der Mediation bezogenes Sachverzeichnis ermoeglicht das Nachschlagen von Techniken und Checklisten, die zum jeweiligen Verfahrenszeitpunkt hilfreich sind. Das Buch richtet sich an Mediatoren in der Ausbildung ebenso wie an erfahrene Praktiker. Die 2. Auflage enthalt die relevanten Erganzungen des Mediationsgesetzes durch die ZMediatAusbV und Hinweise zur (Selbst-) Zertifizierung. Ein zusatzliches Kapitel widmet sich u.a. der Konfliktklarung in interkulturellen Kontexten und der Mediation bei Beteiligungsprozessen bei Veranderungen im Unternehmen. Auch die Herausforderungen des "internen Mediators" sowie der Mediation in geschlossenen Systemen wie etwa auf (Kreuzfahrt-) Schiffen oder Justizvollzugsanstalten werden berucksichtigt. Das Buch endet mit einem Ausblick auf Mediation im Kontext der Digitalisierung

Involved with the development of the English Arbitration Act at various stages, the authors of this work have provided a publication of the Act with a detailed, non-English language commentary. Enacted in June 1996, the 1996 English Arbitration Act only came into force on 31 January 1997. Unlike other materials published or prepared before the Act's effective date, this book is current to January 1998 and takes account of the significant, last-minute decision to remove the distinction between international and domestic arbitration in English law. The authors present the material in English, French, German, and Spanish, with each version consistently arranged for easy access. Arbitration experts from the relevant countries prepared the translations under the guidance of experts in the field. The authors have conveniently set out the commentary in footnotes on a section-by-section basis. Through this work the reader should gain an opportunity to study this important and complex legislation in his or her own language with expert guidance.

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. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad. The unique value of the book for practitioners resides in (among other things) the following: coverage of both common law and civil law jurisdictions; attention to the diversity of legal cultures and systems on four continents; a richer analysis of mediation models, standards, laws and practices than is available in other publications; 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. "Global Trends in Mediation, Second Edition", is an immeasurably valuable resource for dispute resolution practitioners, international lawyers, corporate counsel, policy-makers, and business people. It will also be of interest to academics, students and anyone interested in learning more about the special value of mediation and its processes.

This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia's OFDR system is that it deals with children's issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required - for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This work focuses on the EU's participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU's participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.

This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state-society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China's current social transformation period. It also analyzes how people's mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People's Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state-social relations in China are not centered on society or the state, but on "state-led social pluralism."

The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.

This volume examines the important area of dispute resolution. Its main focus is upon those methods of resolving disputes which provide alternatives to the existing judicial system. Under discussion are the most prominent of these methods - arbitration, mediation and conciliation - as well as others, such as mini-trials, valuations and dispute review boards. The authors are eminent legal practitioners and scholars from countries spanning the five continents. Consequently, the volume consists of accounts relating to the use of alternative dispute resolution methods in these countries. The pros and cons of each method are examined, together with the procedures involved, their applicability to certain types of cases and their future development. This work also includes a chapter devoted entirely to International Fast-Trac Commercial Arbitration, which describes how fast-track clauses may be utilized in international commercial contracts to ensure that disputes are resolved rapidly and efficiently. The future for such clauses in individual countries is discussed and a comparative analysis given.

Since Smadar Ottolenghi first published her detailed analysis of Israel's new arbitration law in 1970, she has remained the unrivalled interpreter of arbitration law in her country, and a tireless theorist of improved arbitral procedure. Virtually every Israeli judgement with regard to arbitration in the last thirty years has drawn on her definitive Hebrew treatise, "Arbitration: Law and Procedure", which has been revised and extended twice, in 1980 and again in 1990. This book is Professor Ottolenghi's own English adaptation of her peerless work, and is in fact the most up-to-date edition, as it includes references to hundreds of judgements and other developments that have occurred in the ten years since the publication of the most recent (third) Hebrew edition. Anyone with the need or opportunity to arbitrate in Israel should find all the details they need, including expert guidance on such important substantive and procedural matters as the following: phrasing the arbitration clause; matters in rem; sole arbitration versus party arbitration; successors to arbitration agreements; settlement of labour disputes under arbitral agreements; The court's involvement in arbitration proceedings; responsibility for arbitrator's remuneration; limitations upon the arbitrator's powers; setting aside an arbitrator's award; effect of international conventions; and enforcement of foreign arbitral awards. To enhance communication between English-speaking readers - lawyers, arbitrators, and other professionals and business people who should find this book immensely useful - and their Israeli correspondents, the paragraph numbering in this edition is identical with that of the third Hebrew Edition. Detailed indexes should add greatly to the book's usefulness by making it easy to find material through several different avenues.

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Aims to provides a highly accessible, yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award - including enforcement and appeals. Comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered, including a seperate chapter covering special types of arbitration such as consumer schemes and arbitration under statute. Written in simple non-legalistic language and intentionally general in its coverage, this book should be of relevance to arbitration matters in whatever trade and profession it is practiced. It may be of particular interest to students taking CIArb examinations, exempting courses for CIArb exams, and those pursuing more general arbitration courses at university or other colleges of higher education.

Small and developing states make up the majority of participants in United Nations Peacekeeping Operations (UNPKO), and Malaysia is one of these. The numerous previous studies on Malaysia's UNPKO are primarily historical narratives which focus on practical, policy-related issues and due process, making no attempt to synchronize the nexus between theory and policy analysis. Nor do they cover the theoretical aspect which can operationalize and address the question of the roles played by Malaysia's domestic actors (foreign policy executives, legislature, military, media, public opinion) in the respective decision-making processes as well as those of external level, such as international power politics and geopolitical considerations. In other words, they are predominantly a historical narrative of only several Malaysia's UNPKO. This book fills the critical gap. It deliberates on the respective national and international decision-making processes, especially from the Malaysian point of view, and analyses the theoretical and practical impacts of Malaysia's UNPKO in understanding international politics. Apart from providing a well-researched account of Malaysia's UNPKO across the globe for 50 years, i.e. 1960-2010, this book examines the determinants by using qualitative data, particularly key-informant interviews and documentary analysis. Thus, while most studies of Malaysia's UNPKO single out domestic imperatives as the most vital determinant, this book, on the contrary, comprehensively identifies the prevailing world security order as the most important determinant influencing Malaysia's UNPKO, followed by the domestic ones.