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Vol 23 No 5 May/June 2018

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New Developments in Civil and Commercial Mediation: Global Comparative Perspectives

Edited by: Carlos Esplugues, Louis Marquis

ISBN13: 9783319181349
Published: September 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £149.99

Despatched in 12 to 14 days.

By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world.

The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis.

The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Arbitration and Dispute Resolution
Table of Contents
List of Authors
List of Abbreviations
General Report: New Developments in Civil and Commercial Mediation - Global Comparative Perspectives
Carlos Esplugues
Mediation in Belgium: A Long and Winding Road
Piet Taelman and Stefaan Voet
La mediation au Benin dans une approche transfrontaliere et judiciaire
Comlan Rene Vodounon-Djegni
Exploring the Emerging Legal Landscape for Crossborder Mediation in Brazil: Where New Horizons Encounter Old Expectations
Maristela Basso and Fabricio Bertini Pasquot Polido
The Revival of ARD in China: the Path to Rule of Law or the Turn against Law?
Yuanshi Bu and Xuyang Huo
Act on Mediation - Significant Step on a Long Way to Make Mediation Work in the Czech Republic
Monika Pauknerova and Magdalena Pfeiffer
La mediation dans l'Espace CEMAC: La mediation en droits camerounais, centrafricain, congolais, gabonais et tchadien
Achille Ngwanza
The Courts and Bar Association as Drivers for Mediation in Finland
Petri Taivalkoski and Annika Pynna
Mediation in Germany: Finding the Right Balance between Regulation and Self-Regulation
Burkhard Hess and Nils Pelzer
Mediation: the Greek ADR Journey through Time
Georgios Diamantopoulos and Vassiliki Koumpli
Mediation in Italy: Feature and Trends
Alessandra De Luca
Regulating Mediation in Japan: Latest Development and its Background
Shusuke Kakiuchi
The Legal Framework for Mediation in Kazakhstan: Current State, Expectations of Public Recognition and Perspectives for Development
Farkhad Karagussov
Mediating in Lebanon: From Old to New?
Jalal El Ahdab (Jil Ahdab) and Myriam Eid
La mediation a la croisee des frontieres: le cas luxembourgeois
Severine Menetrey
Mexico and Civil, Family and Commercial Mediation: a Search for Complementary Routes to the State Courts
Nuria Gonzalez Martin
Mediation of legal disputes in Norway. Institutionalized, pragmatic and increasingly Popular
Camilla Bernt
La mediation, une autre voie de justice au Portugal?
Maria Jose Capelo
Les diverses facettes de la mediation au Quebec: present et avenir
Sylvette Guillemard
La mediation entre l'habitude d'avoir recours au systeme traditionnel de justice et le remboursement de l'integralite des frais de justice
Daniel-Mihail Sandru and Dragos-Alin Calin
Mediation in Russia: at the Beginning
Alexey Argunov, Vsevolod Argunov, and Alexander Akhmetbekov
Mediation in Slovenia: A Fruitful and Widespread Tool for Resolving Disputes
Rajko Knez and Petra Weingerl
A developing Mediation Minnow: the South African Perspective
Theo Broodryk Mediation in Spain: Novelties Derived from the Boost of the European Legislator
Carmen Azcarraga Monzonis and Pablo Quinza Redondo
Mediation in Taiwan: Present Situation and Future Developments
Kuan-Ling Shen
Mediation in Ukraine: Urgent Issues of Theory and Practice and Necessity of Legislative Regulation
Svitlana Fursa
1. Mediation-Questionnaire-Viena-2014 (English)
2. Mediation-Questionnaire-Vienne-2014 (Francais).