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This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions.
The author takes full account of mediation’s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation. Among the aspects discussed and analysed are the following:
Cross-border legal instruments examined include the European Directive on Mediation, UNCITRAL’s Model Law on International Commercial Conciliation (MLICC), and the Uniform Mediation Act (UMA) in the United States. In the 21st century mediation is at the forefront of contemporary social and legal development and is finding a place in both physical dispute resolution forums and worldwide electronic-based communities.
International and Comparative Mediation with its deeply informed insights into emerging international trends and the diversity of mediation regulation applicable to international disputes, shows conflict management practitioners how to create a forum culturally acceptable to each specific group of participants, with a view to agreeing on appropriate norms for the regulation of future relationships. It will be welcomed by lawyers working in a wide range of cross-border practice.