Editors:
- Provides the first legal approach to the regulation of civil and commercial mediation
- Combines contributions from several continents and a range of countries
- Offers a truly global comparative perspective
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 6)
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Table of contents (26 chapters)
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Front Matter
About this book
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.
Keywords
- Civil and commmercial mediation
- Cost-effective instrument to solver their disputes
- Cross-Border Mediation
- Developments in Civil and Commercial Mediation
- Domestic mediation
- Enforcement of the settlement
- Global Comparative Perspectives
- Legal analysis of mediation
- Legal approach to mediation
- Mediation schemes in the law
- Role played by the mediator
Editors and Affiliations
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Department of International Law, University of Valencia, Valencia, Spain
Carlos Esplugues
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École de Technologie Supérieure, Montreal, Canada
Louis Marquis
Bibliographic Information
Book Title: New Developments in Civil and Commercial Mediation
Book Subtitle: Global Comparative Perspectives
Editors: Carlos Esplugues, Louis Marquis
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-319-18135-6
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-18134-9Published: 24 September 2015
Softcover ISBN: 978-3-319-36374-5Published: 22 October 2016
eBook ISBN: 978-3-319-18135-6Published: 11 September 2015
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XXXII, 762
Number of Illustrations: 16 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Dispute Resolution, Mediation, Arbitration, Civil Law