Mediation in Family Disputes: Principles of Practice

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Author: Marian Roberts
Paperback: 292 pages
Publisher: Ashgate; 3rd Revised edition edition (28 Jul 2008)
Language English
ISBN-10: 0754646246
ISBN-13: 978-0754646242
Product Dimensions: 23 x 15.6 x 2.2 cm

Product Description

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author’s extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children.

Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Drawing on empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict.First published in 1988, this was a pioneering work. Now that the field is well established, the third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

About Marian Roberts

Marian Roberts is qualified as a barrister, a social worker and has been in continuous practice as a family mediator since 1982. During the 1990s she was responsible for overseeing the creation and development of the National Family Mediation’s professional practice framework and was co-manager of the first child protection mediation scheme to operate in the UK, funded by the Department of Health. She is a member of the Reunite Steering Group on Child Abduction and Mediation, a Governor of the UK College of Family Mediators and Chair of its Professional Standards Committee. She is also Visiting Fellow at the London School of Economics and Political Science and teaches additional Masters courses at the School of Oriental and African Studies and on the London University LL.M (Masters in Law) degree.

Global Trends in Mediation

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Editor: Nadja Alexander
Hardcover: 480 pages
Publisher: Kluwer Law International; 2nd Revised edition edition (1 Oct 2006)
Language English
ISBN-10: 904112571X
ISBN-13: 978-9041125712
Product Dimensions: 24 x 16.4 x 3.4 cm

Product Description

In its first edition, “Global Trends in Mediation” was the first book to concentrate on mediation from a comparative perspective – reaching beyond the all-too-familiar Anglo-American view – and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad. The unique value of the book for practitioners resides in (among other things) the following: coverage of both common law and civil law jurisdictions; attention to the diversity of legal cultures and systems on four continents; a richer analysis of mediation models, standards, laws and practices than is available in other publications; and a much wider spectrum of mediation laws and approaches worldwide than is traditional in comparative studies.

A comprehensive introductory chapter establishes an international comparative framework for an analysis of the national chapters that follow, synthesising the main themes of the book and analysing global and systemic trends. “Global Trends in Mediation, Second Edition”, is an immeasurably valuable resource for dispute resolution practitioners, international lawyers, corporate counsel, policy-makers, and business people. It will also be of interest to academics, students and anyone interested in learning more about the special value of mediation and its processes.

The EU Mediation Atlas: Practice and Regulation

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Author: Centre For Effective Dispute Resolution, Cameron McKenna
Paperback
Publisher: Butterworths Law (5 Nov 2004)
Language English
ISBN-10: 1405701870
ISBN-13: 978-1405701877

Product Description

“The EU Mediation Atlas: Practice and Regulation” provides a highly practical guide to the present status of mediation in the member states of the EU. Focusing on commercial disputes, it specifically deals with court annexed mediation. It is organised on a country-by-country basis and investigates the legal framework in each jurisdiction and the available mediation schemes and providers, tackling issues such as confidentiality and enforceability, as well as explaining the general rules governing mediation and mediators. It also outlines the approach of the EU thus far in relation to harmonising mediation across the member states, adopting a practical approach to the subject matter.

The Freshfields Guide to Arbitration and Alternative Dispute Resolution: Clauses in International Contracts

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Author: Jan Paulsson
Hardcover: 192 pages
Publisher: Kluwer Law International; 2nd Revised edition edition (26 Aug 1999)
Language English
ISBN-10: 904111226X
ISBN-13: 978-9041112262
Product Dimensions: 19.8 x 13.8 x 1.2 cm

Product Description

For many parties to international contracts, arbitration has proven to be an effective means of dispute resolution. Too many of these agreements, however, still founder on the rock of a defective dispute resolution clause. This text shows practitioners how to avoid this common obstacle by drafting comprehensive contract provisions at the outset. With this updated edition, lawyers and business people will negotiate contracts that ensure a clear-cut resolution of any dispute likely to arise.

Taking into account the many significant developments in the law and practice of international arbitration that have occurred during the years since the first edition, it offers: contract-drafting advice derived from the authors’ wide practical experience; model clauses that ensure the effectiveness of dispute resolution provisions, and avoid their pitfalls; and important reference materials.

International Investment Arbitration: Substantive Principles

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Author: Campbell McLachlan, Laurence Shore, Matthew Weiniger
Paperback: 528 pages
Publisher: OUP Oxford (28 Aug 2008)
Language English
ISBN-10: 0199557519
ISBN-13: 978-0199557516
Product Dimensions: 23.9 x 17 x 3.3 cm

Product Description

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state’s activities.

The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law.However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification. International Investment Arbitration:Substantive Principles is an important step in this process.

The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book examines the main treaties, analyses published investment awards, and provides in-depth coverage of where investment disputes come from; who is a foreign investor, including nationality issues and foreign control; what is an investment; investor’s rights, including admission to territories and State treatment of investors; expropriation; compensation; dispute resolution; transfer, assignment and subrogation; and future trends.

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field.Written by a leading author team from Herbert Smith and Gibson, Dunn & Crutcher, and benefiting from the public and private international law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.

Law and Practice of International Commercial Arbitration

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Author: Martin Hunter, Alan Redfern
Paperback: 613 pages
Publisher: Sweet & Maxwell; 4th Revised edition edition (8 Sep 2004)
Language English
ISBN-10: 0421892900
ISBN-13: 978-0421892903
Product Dimensions: 24 x 16.2 x 4.2 cm

Gill: The Law of Arbitration

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Author: Enid A. Marshall
Paperback: 232 pages
Publisher: Sweet & Maxwell; 4Rev Ed edition (29 Mar 2001)
Language English
ISBN-10: 0421681306
ISBN-13: 978-0421681309
Product Dimensions: 21.2 x 13.6 x 1.2 cm

Product Description

The popularity of arbitration has grown significantly during recent years. With the introduction of the 1996 Arbitration Act, which restated much of the old law as well as developing new provisions, there now exists one consolidated source of the law relating to arbitration. Well established as the ideal introductory text to the law of arbitration in England and Wales, as well as providing a useful comparison with Scotland, this edition of Gill: The Law of Arbitration has been completely revised and updated to include the new Act. The book explains the law briefly and clearly, and contains important statutory instruments as appendices. Topics covered include: * The nature of an arbitration and the arbitration agreement * Arbitrators and umpires * Procedures, evidence and costs * The making of an award * Aspects of international arbitration

Arbitration of Commercial Disputes: International and English Law and Practice

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Author: Andrew Tweeddale, Keren Tweeddale
Paperback: 1124 pages
Publisher: OUP Oxford; New edition edition (22 Feb 2007)
Language English
ISBN-10: 0199216479
ISBN-13: 978-0199216475
Product Dimensions: 24.6 x 17 x 5.2 cm

Product Description

This significant work is now reissued in paperback, without appendices. The text provides a detailed yet clear and accessible guide to English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and show how some principles of arbitration law are treated differently in various jurisdictions.

The book also examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations.

The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitration notices.

The book also deals thoroughly with costs and appeals. The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.

About Andrew Tweeddale

Andrew Tweeddale is a Chartered Arbitrator and a Solicitor-Advocate at Corbett & Co. He has had extensive experience of contentious matters in the construction and engineering industry and has been involved with multi-million pound arbitrations. In 1992 Andrew was called to the Bar and thereafter practised at Eldon Chambers in London. In 1995 he moved to niche construction law firm Corbett & Co where he was involved in numerous ICC arbitrations and worked extensively with the FIDIC forms of contract. In 1999 Andrew joined the Construction and Engineering Group of Norton Rose, where he was involved with both domestic and international arbitrations. He returned to Corbett & Co in 2005. He has written numerous articles on arbitration and alternative dispute resolution.

Handbook of Dispute Resolution

Product Details

Editor: Michael L. Moffitt, Robert C. Bordone
Hardcover: 560 pages
Publisher: Jossey Bass (2 Sep 2005)
Language English
ISBN-10: 0787975389
ISBN-13: 978-0787975388
Product Dimensions: 23.6 x 18.5 x 4.3 cm

Product Description

This volume is an essential, cutting–edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors––drawn from a wide range of academic disciplines––contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel–Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman.

The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner–focused chapters that assume no previous background in the field. At the same time, the book offers path–breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Private Dispute Settlement: Negotiation, Mediation, Arbitration

Product Details

Author: Klaus Peter Berger
Hardcover: 872 pages
Publisher: Kluwer Law International; Dvdr edition (1 Mar 2006)
Language English
ISBN-10: 9041124993
ISBN-13: 978-9041124999
Product Dimensions: 24.9 x 16.3 x 5.6 cm

Product Description

This extraordinary work brings powerful unifying analysis to the various ways of resolving an international business dispute. Its print components convert each theory into crystal-clear practical guidance, while its interactive electronic resources provide vivid simulation and documentary support down to the smallest detail. “Private Dispute Resolution in International Business” consists of two books and an interactive DVDRom. Volume I follows the progress of a dispute between two companies, in step-by-step detail, through negotiation, mediation, and arbitration in turn. Volume II provides precise, informed solutions to the problems raised in the first volume’s case study. The DVDRom contains not only all contracts and other written documentation produced during the dispute – including all procedural orders and awards rendered by the arbitral tribunal during the arbitration, the text of legal materials such as arbitration laws and rules and international conventions, and further learning and teaching aids – but also almost 100 videos dramatising the negotiation, mediation, and arbitration proceedings described in the books, conducted by highly experienced practitioners active in the field of international dispute resolution. Subtitles in the videos refer the viewer to paragraphs in the books where each relevant legal problem is analysed. In addition, an internet home page provides regular updates. To summarise: “The Case Study” (Volume I) provides a realistic and highly practical approach to learning and teaching the law and practice of private dispute resolution in international business. “The Handbook” (Volume II) provides a comprehensive comparative study of the law of international dispute resolution. The DVDRom allows for a highly innovative, interactive teaching and learning experience, and provides a comprehensive collection of arbitration rules and other documentary material. The videos on the DVDRom clearly manifest the soft skills and advocacy skills required to successfully resolve international business disputes, including the unique opportunity to draw on-screen comparisons between the negotiation, mediation, and arbitration methods. With its concrete and highly practical approach, this innovative teaching and training tool for international dispute resolution will be of immeasurable value to students and teachers of dispute resolution, corporate counsel, international lawyers, and business people.