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Mediation in the Reflection of Law and Society: European Perspectives (eBook)

ISBN13: 9789403542928
Published: December 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: eBook (ePub)
Price: £150.00
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Mediation in the Reflection of Law and Society is a pioneering book capturing the socio-legal context of mediation. Despite slow progress in use, mediation has never failed to make its presence felt in dispute resolution. Through this remarkable book, the contributors have elucidated the need to cultivate a more favourable socio-legal climate for mediation to thrive, and thus, they analyse the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different European Union (EU) countries. Based on a spatiotemporal analysis and models of mediation in the EU, the book identifies the social and cultural reasons for the fragmentation of its legal regulation and reveals the courses available for promoting the effective implementation of mediation in social practice. This book is also unique as a spatiotemporal analysis of the extent of use of mediation in a region as large and diverse as the EU has never been carried out before.

What’s in this book:

Several methodological and conceptual approaches to evaluate the legal and social aspects of introducing mediation to legal systems have been employed by the authors – all with long-term experience in the exercise and research of mediation directly in the field – to furnish insights into the following facets of the use of mediation:

  • the social context that raises the need for mediation
  • obstacles to the wider use of mediation in resolving disputes between parties
  • the effects of social influences reflected in legislation that shape the laws of each country
  • the basic models that make up the system of access to mediation in specific EU Member States
  • the role of law as a tool for social change and its reflection in the legal regulation of mediation, and
  • perspectives for further development of mediation in the EU

Modern knowledge of law, sociology and psychology form the basis for the legislative efforts proposed for enhancing the regulation of mediation in EU countries.

How this will help you:

Inarguably, this book provides a fundamental contribution to the legal theory and practice of mediation. Its analysis of mediation is of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, this book will be highly appreciated for the leaps it takes towards refining arguments for the promotion of mediation and its development, in theory, research and practice.

eBooks, Law and Society, Mediation
PART I. Mediation in the Perspective of Law and Social Change
Martina Urbanová & Miloš Vecera
CHAPTER 1. Law, Society and Mediation
Martina Urbanová & Miloš Vecera
CHAPTER 2. Mediation Through the Lens of Social Change
Martina Urbanová & Miloš Vecera
PART II. An Analysis of Selected Cultural, Social and Legal Sources of Mediation Introduction
Lenka Holá
CHAPTER 3. Cultural Sources for Introduction of Mediation: Changes in Shared Identity
Lenka Holá
CHAPTER 4. Social Sources for Introduction of Mediation: Empowerment as Acceptance of Responsibility
Lenka Holá
CHAPTER 5. Legal Sources of Mediation: Justice, Decency and Satisfaction
Lenka Holá
PART III. Systems of Approach to Mediation in the EU
Jan Holas
CHAPTER 6. Development and Forms of Systems of Approach to Mediation in the EU
Jan Holas
CHAPTER 7. Limitation of Coercion to Use Mediation in the EU
Jan Holas
PART IV. A Spatiotemporal Analysis of the Rate of Mediation Use in Individual EU Countries
David Fiedor & Lenka Holá
CHAPTER 8. Rates of Mediation Use in Individual EU Countries
David Fiedor & Lenka Holá
CHAPTER 9. The Rate of Mediation Use by Courts of First Instance in the Visegrad Four Countries
David Fiedor & Lenka Holá
PART V. Prospects for the Development of Mediation in the EU
Jan Holas, David Fiedor & Lenka Holá
CHAPTER 10. Prospects for the Development of Mediation in the EU
Jan Holas, David Fiedor & Lenka Holá

Series: Global Trends in Dispute Resolution

Commercial Mediation in Europe: An Empirical Study of the User Experience ISBN 9789041131164
Published October 2012
Kluwer Law International
International and Comparative Mediation: Legal Perspectives ISBN 9789041132246
Published December 2009
Kluwer Law International