Mediating Clinical Claims is a timely and detailed look at the growing practice of mediating clinical negligence claims in England, written by one of the UK's most experienced mediators of clinical claims. The book is aimed at all those with an interest in understanding why and how mediation is such an effective process in resolving such claims - claimants, healthcare professional and managers, lawyers, judges, policy-makers and mediators. It reviews research on what claimants and clinicians really want from healthcare complaints and claims. It offers help on how best to prepare for and conduct such mediations, giving numerous anonymised examples based on real mediations. This new title looks at: - How mediation of clinical claims has developed - How mediation differs from other processes - Practical guidance for all participants - The legal framework in which such mediation operates - The law and practice of clinical claims - Process design and the special problems of multi-party claims - Future developments. Mediating Clinical Claims provides mediators, claimants, healthcare professionals and their legal representatives with all the guidance they need to ensure that a successful and fair outcome is achieved for all those involved in such mediations.

What do I do now? Every mediator asks themselves this. Answering 50 common ethical, practical and technical problems that arise at mediations, with key practice points highlighted in Q&A format. Topics include: Impartiality: You arrive at the mediation and suddenly realise that you know one of parties. What do you do? Joint Opening Sessions: One side wants one the other doesn't. What do you do? Bad behaviour: One party is secretly recording the mediation. What do you do? Offers: Neither side will make an offer. They both say they want to hear from the other side first. What do you do? Stages covered: Pre-mediation At the mediation The End of the Mediation and After Each entry includes: The core issues behind the question Case studies of authentic, anonymized, true-life examples The ethical, legal, procedural and commercial issues highlighted and explained in straightforward language Advice on your options: proven tips for immediate use Checklists, sample emails, scripts and templates. Cross-references to cases, protocols, codes of conduct.

The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a formula to 'recognize' and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within the business community followed out of fear of criticism and a willingness to criticise others in case of deviation. This two element test increases legal certainty and potentially reduces the time and costs of proving the rule.
Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonisation measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.

International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

The National Mediation Board (NMB) was established under the Railway Labor Act to facilitate labor relations for railroads and airlines by mediating and arbitrating labor disputes and overseeing union elections. The FAA Modernization and Reform Act of 2012 included a provision for United States Government Accountability Office (GAO) to evaluate NMB programs and activities every 2 years. GAOs first report under this provision, issued in December 2013, included seven recommendations for NMB based on assessments of policies and processes in several management and program areas. This book examines the extent to which NMB has implemented recommendations made by GAO in December 2013, and incorporated key procurement practices.