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Essays on Mediation: Dealing with Disputes in the 21st Century


ISBN13: 9789041183668
Published: September 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £188.00



Despatched in 9 to 11 days.

Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’?

Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems.

The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following:

  • enduring and intense conflicts;
  • planning and environmental issues;
  • conflicts arising between refugee and ‘host’ communities;
  • elder care;
  • intercultural settings;
  • online communication;
  • science-based disputes; and
  • public policy disputes.
The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms.

Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Subjects:
Mediation
Contents:
Editor
Contributors
Acknowledgement
Essays on Mediation: Introduction
Ian Macduff
Chapter 1 ‘Mediation: Elephant or Heffalump?’
Kevin Avruch
Chapter 2 Remembrance of Pleasures Past: Reflections of a Practitioner
Howard Gadlin
Chapter 3 The Future of Mediation Worldwide: Legal and Cultural Variations in the Uptake of or Resistance to Mediation
Carrie Menkel-Meadow
Chapter 4 Two Failed Mediations and the Lessons Learnt from Them
Michael Hwang
Chapter 5 Challenging the Status Quo
John Sturrock QC
Chapter 6 Elder Mediation: Context, Opportunities and Challenges
Dale Bagshaw
Chapter 7 Munich, Majors and Mediation
Peter Wallensteen
Chapter 8 Collaborative Dispute Resolution Assistance for Refugees, Internally Displaced Persons and Host Communities
Christopher Moore
Chapter 9 The Roles of Culture: Muslim Country Leaders, NGOs, and European Small-Country Leaders as International Mediators in Southeast Asia
Bruce E. Barnes
Chapter 10 Rocks On The Road: Inside the Pandora’s Box of Culture
Peter S. Adler
Chapter 11 Social Mediation Forms in France
J.-P. Bonafé-Schmitt
Chapter 12 Embedding Mediation and Dispute Resolution into Statutory Civil Law: The Example of Germany
Thomas Trenczek & Serge Loode
Chapter 13 The HOW and the WHAT: Precise Conflict Resolution in Complex Processes through the Example of the Mediation, “Zukunft Landwehrkanal Berlin” (Future Landwehrkanal Berlin)
Beate Voskamp & Stefan Kessen
Chapter 14 Digital Conflict and Digital Justice
Ethan Katsh & Orna Rabinovich-Einy
Chapter 15 Leaving Disputants to their Own Devices: The Vulnerable Potential of Mobile Access to Justice
Ian Macduff
Chapter 16 The Alchemy of Mediation: Aesthetic Wisdom for a Fragmented Age
Nadja Alexander & Michelle LeBaron
Index