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Mediation - Principles and Regulation in Comparative Perspective (Hardcover)
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Mediation - Principles and Regulation in Comparative Perspective (Hardcover)
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Mediation provides an attractive alternative to resolving disputes
through court proceedings. Mediation promises just results in the
interest of all parties concerned, a reduction of the court
caseload, and cost savings for the parties involved as well as for
the treasury. The European Directive on Mediation has given
mediation in Europe new momentum by establishing a common framework
for cross-border mediation. Beyond Europe, many states have tried
in recent years to answer the question whether, and if so, how
mediation should be regulated at a national and international
level. The aim of this book is to promote the understanding and
discussion of regulatory issues by presenting comparative research
on mediation. It describes and analyses the law and practice of
mediation in twenty-two countries. Europe is represented by
chapters on mediation in Austria, Bulgaria, England, France,
Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway,
Poland, Portugal and Spain. The world beyond Europe is analysed in
chapters on mediation in Australia, Canada, China, Japan, New
Zealand, Russia, Switzerland and the USA. Against this background,
further chapters on fundamental issues identify possible regulatory
models and discuss central principles of mediation law and
practice. In particular, the work considers harmonisation and
diversity in the law of mediation as well as the economic and
constitutional problems associated with privatising civil justice.
To the extent available, empirical research is used as a point of
reference in the critical analysis.
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