In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and "making things better", runs like a thread through his work; the same thread connects the chapters in this book.

Mediators have long debated whether "evaluative mediation," the kind commonly practiced by retired judges and others who frequently mediate in the context of litigation, should be called mediation. The crux of that debate concerns whether evaluations by the mediator undermine party self-determination. Simon and West's book is intended to advance the conversation beyond the question of evaluation to include subtler ways in which mediators may undermine or support self-determination. Self-determination is a principle that distinguishes mediation from other forms of dispute resolution and is a topic taught in most introductory mediator training courses. Discussions generally focus on the experience of participants and the techniques employed to nurture and safe-guard self-determination. Much of the writings that touch on self-determination talk about the techniques and strategies mediators use in order to support party self-determination. Uniquely, Tara West and Dan Simon follow a different path. They too are interested in the methods used by mediators, but what distinguishes their book is their examination of the mediator's decision-making process. In a step-by-step exploration, they show first how mediators assess the situation, then generate a possible explanation for the parties' attitudes, behaviors and ways of communicating, and finally choose an approach intended to encourage party self-determination. As part of examining the mediators thought process, the authors also describe how, in generating an explanation, mediators purposefully examine their own reactions to the parties as well as their own beliefs and theories. In this, they show how beliefs influence action-a key aspect of reflective practice. In the practice examples they explore throughout the book, the authors also emphasize the importance of and methods for learning from and through experience.

Beyond Equity and Inclusion in Conflict Resolution: Recentering the Profession illustrates how racism has informed the field of conflict resolution and its allied professions. Useful for any field that recruits, standardizes, or "professionalizes" its adherents, this volume addresses how individuals, organizations, and institutions shape and have been shaped by racist ideas and practices. These ideas and practices, embedded in the fabric of our country, are exposed in this historic moment and held up to the light for close examination. In addition to a critique of the status quo, Beyond Equity and Inclusion in Conflict Resolution casts an eye toward creating a just and equitable future for the field. Narratives, interviews, poems, and essays from activists, practitioners, and scholars who represent diverse constituencies marry theory and practice to encourage, stimulate, and motivate colleagues to expand the boundaries for our field and our world.

Reviews from the first edition: 'This handbook deserves a place ... near the writing desk of every lawyer practising in the field of international arbitration' Volker Triebel, Journal of International Arbitration 'This book should find its way to the bookshelves of internationally experienced arbitration lawyers' Christof Siefarth, Dispute Resolution This handbook provides an overview of the global framework of international commercial arbitration, in particular the New York Convention, the UNCITRAL Model Law, and international investment treaties. In addition, it offers comprehensive insight into international arbitration laws of countries covering over 60% of the global economy: Austria, Belgium, Brazil, China, England and Wales, France, Germany, Hong Kong, India, the Netherlands, Russia, Singapore, Spain, Sweden, Switzerland, and the US. The new edition includes numerous references to recent case law, material and legislative reform as well as topical developments in areas such as arbitrators' jurisdiction, the conduct of arbitral proceedings and the judicial control of arbitral awards.

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

You want to be a mediator, but how do you get started? How do you build your business? How do you make money from being a full-time mediator? Setting Up in Business as a Mediator provides you with the answers to these questions. Whether new to mediation and wanting to start a business as a full-time mediator, or an experienced mediator wanting to develop and grow an existing business, Setting Up in Business as a Mediator has hands-on advice for every stage of a mediator's career and is full of essential information on how mediators can get started in business and grow their existing practice. Restructured, revised and fully updated the new 2nd edition shows: - How to become accredited - How to find a market - The secrets of a good profile - Hints for great blogging - How to set up a website - The best times to tweet - What not to post on LinkedIn and Facebook - How to overcome objections and rejection Packed with helpful tips and guidance, checklists, self-audits, templates, scripts and real life examples, this book aims to get mediators thinking, prompting answers to the following questions, and more: - Why are they doing mediation? - How many mediations a year do they want to be doing in three years' time? - How much money, time and effort do they need to invest to get there? - What do they need to charge? - Why would they choose themselves as a mediator?

Our Early Modern period runs from 1700 to 1815. England was never at peace. The Act of Settlement 1701, whatever it did for the Constitution, did not end the fighting between English and Scots. Bonnie Prince Charlie was not seen off until Culloden in 1748. George Washington became president of a new country in 1789, the year of the French Revolution. Britain was intermittently at war with France or Spain. Yet the primary sources show that parties with disputes got on with their resolution in the same old ways, by arbitration and mediation. After an introduction, describing the social, economic, political and legal background, the individual documents which make up the primary sources are each examined, including court records, law reports, newspapers and memoirs. The practices of mediation and arbitration across various sectors of eighteenth-century England are explored. First the services offered by the State, primarily by Justices of the Peace but also by all the courts. Then the bulk of the work is devoted to private arbitration and mediation, including extensive sections on Commerce, Labour Relations, the London Theatre, Families and Property, Architects and Engineers, Sport and Betting, with an extended section devoted to the work of women. The lives of individuals in all strata of English society are revealed. Finally, a long chapter describes what has been called legalisation and professionalisation, showing the increasing involvement of lawyers.

In Jamaica, the Caribbean and internationally, the process of arbitration as an alternative to court action in settling disputes is no longer the subject of an esoteric debate, but increasingly is becoming a standard requirement in both government and private-sector contracts. In the process of numerous and varied activities in this field, a great deal of experience and knowledge has been acquired by the author. Over the years, many of his colleagues, mainly in the legal profession, have suggested that if not recorded, this knowledge will be lost. It is in response to those requests that this book has been written. The volume is annotated with practical solutions, not often found in most textbooks on this subject, to frequently asked questions of the author over the years concerning general practice and management of the process of arbitrations.