New Developments in Civil and Commercial Mediation
Global Comparative Perspectives
Editors: Esplugues Mota, Carlos, Marquis, Louis (Eds.)
Free Preview- 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
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- About this book
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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.
- Table of contents (26 chapters)
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General Report: New Developments in Civil and Commercial Mediation – Global Comparative Perspectives
Pages 1-88
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Mediation in Belgium: A Long and Winding Road
Pages 89-112
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La Médiation au Bénin dans une Approche Transfrontalière et Judiciaire
Pages 113-151
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Exploring the Emerging Legal Landscape for Crossborder Mediation in Brazil: Where New Horizons Encounter Old Expectations
Pages 153-190
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The Revival of ADR in China: The Path to Rule of Law or the Turn Against Law?
Pages 191-223
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Table of contents (26 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- New Developments in Civil and Commercial Mediation
- Book Subtitle
- Global Comparative Perspectives
- Editors
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- Carlos Esplugues Mota
- Louis Marquis
- Series Title
- Ius Comparatum - Global Studies in Comparative Law
- Series Volume
- 6
- Copyright
- 2015
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer International Publishing Switzerland
- eBook ISBN
- 978-3-319-18135-6
- DOI
- 10.1007/978-3-319-18135-6
- Hardcover ISBN
- 978-3-319-18134-9
- Softcover ISBN
- 978-3-319-36374-5
- Series ISSN
- 2214-6881
- Edition Number
- 1
- Number of Pages
- XXXII, 762
- Number of Illustrations
- 16 b/w illustrations
- Topics
