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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Mediation: Principles and Regulation in Comparative Perspective

Edited by: Klaus J. Hopt, Felix Steffek

ISBN13: 9780199653485
Published: December 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £165.00

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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 receives 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.

Comparative Law, Arbitration and Dispute Resolution, Courts and Procedure
1. Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues
2. Mediation: Regulatory Harmonisation and International Private Law
3. Privatising Civil Justice

4. Austria
5. Bulgaria
6. England
7. France
8. Germany
9. Greece
10. Hungary
11. Ireland
12. Italy
13. Netherlands
14. Norway
15. Poland
16. Portugal
17. Spain

18. Australia
19. Canada
20. China
21. Japan
22. New Zealand
23. Russia
24. Switzerland
25. The United States