› › Towards A Four Tiered Model Of Mediation

Towards a Four-Tiered Model of Mediation

Author : Hugo Luz dos Santos

Publisher : Springer Nature

Page : 222 pages

File Size : 12,19 MB

Release : 2023-02-13

Category : Law

ISBN : 9811994293

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Book Description

Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).



Expedited International Arbitration

Author : Alan Anderson

Publisher : Kluwer Law International B.V.

Page : 380 pages

File Size : 47,54 MB

Release : 2024-06-11

Category : Law

ISBN : 9403525975

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Book Description

Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on the variety of methods adopted to provide an expeditious and cost-effective means for dispute resolution while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers such aspects as: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc’ (non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will gain a greater understanding of the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and in weighing the advantages and disadvantages of expedited arbitration procedures in various jurisdictions. The insights in this book will benefit international commercial arbitration as its stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, efficacious and cost-effective means of resolving commercial disputes.





Enterprise Information Systems

Author : Joaquim Filipe

Publisher : Springer Science & Business Media

Page : 388 pages

File Size : 21,27 MB

Release : 2008-10-20

Category : Business & Economics

ISBN : 3540887105

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Book Description

This book contains the best papers of the 9th International Conference on Enterprise Information Systems (ICEIS 2007), held in the city of Funchal, Madeira (Portugal), organized by the Institute for Systems and Technologies of Information, Control and Communication (INSTICC) and the University of Madeira, in collaboration with ACM/SIGMIS and AAAI. Furthermore, the conference was sponsored by the Por- guese Foundation for Science and Technology (FCT). ICEIS has become a major point of contact between research scientists, engineers and practitioners in the area of business applications of information systems. This year, five simultaneous tracks were held, covering different aspects related to ent- prise computing, including: “Databases and Information Systems Integration,” “Arti- cial Intelligence and Decision Support Systems,” “Information Systems Analysis and Specification,” “Software Agents and Internet Computing” and “Human–Computer Interaction”. All tracks focused on real-world applications and highlighted benefits of information systems and technology for industry and services, thus making a bridge between academia and enterprise. Following the success of 2006, ICEIS 2007 received 644 paper submissions from more than 40 countries. In all, 72 papers were published and presented as full papers, i.e., completed work (8 pages in proceedings / 30-min oral presentations), 198 papers, reflecting work-in-progress or position papers, were accepted for short presentation and another 131 for poster presentation.



Multi-Tier Approaches to the Resolution of International Disputes

Author : Anselmo Reyes

Publisher : Cambridge University Press

Page : 545 pages

File Size : 21,66 MB

Release : 2021-12-16

Category : Law

ISBN : 1108490603

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Book Description

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.



Commercial Conflict Management and Dispute Resolution

Author : Peter Fenn

Publisher : Routledge

Page : 171 pages

File Size : 23,36 MB

Release : 2012-06-25

Category : Technology & Engineering

ISBN : 113697492X

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Book Description

Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.



Conflict Resolution in Asia

Author : Stephanie P. Stobbe

Publisher : Lexington Books

Page : 285 pages

File Size : 36,80 MB

Release : 2020-07-06

Category : Political Science

ISBN : 1498566448

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Book Description

Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.



Political Violence, Armed Conflict, and Youth Adjustment

Author : E. Mark Cummings

Publisher : Springer

Page : 122 pages

File Size : 18,28 MB

Release : 2017-03-15

Category : Psychology

ISBN : 3319515837

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Book Description

This book reviews and critiques the growing literature on youth development under conditions of political violence and armed conflict. It presents a robust framework, based in developmental psychopathology, for evaluating current research on this topic for strength of design, methodology, and documentation. Cross-sectional and longitudinal studies from diverse regions and conflicts as well as across disciplines examine risks and challenges as well as resilience and coping as youth develop in unstable and threatening environments. In addition, this book provides strategies for designing and implementing prevention and intervention programs as well as further opportunities for expanding applied research for youth exposed to political violence and armed conflict. Topics featured in this book include: Analysis of major research on youths’ normative and pathological development during political violence and war. Guidelines for assessing research studies on the impact of political violence and armed conflict on youth. The effects of social ecology factors (e.g., family, school, and community) on youth functioning. Post-traumatic stress disorder. Trauma-Focused Cognitive-Behavioral Therapy. Political Violence, Armed Conflict, and Youth Adjustment is a must-have resource for researchers, professors, clinicians/professionals, and graduate students in the fields of child and school psychology, family studies, and public health as well as developmental psychology, child and adolescent psychiatry, political science, anthropology, social and peace psychology, sociology, and ethnic studies.



Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities

Author : da Rocha, José Pascal

Publisher : IGI Global

Page : 264 pages

File Size : 12,53 MB

Release : 2018-02-02

Category : Law

ISBN : 1522551190

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Book Description

Throughout history, there has been conflict and the clashing of ideas. Although this has assisted in creating political and societal structures, it has also led to civil unrest, cases of severe discord, and war. Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities is a critical scholarly resource that examines the pursuit of peace in global civil war and conflict through the use of mediation. Featuring coverage on a broad range of topics, such as intercultural communication, social psychology, and conflict theory, this publication is geared towards academicians, students, and researchers seeking relevant and current research on governmental approaches to pursuing peace in instances of conflict and strife.



Mediation and Commercial Contract Law

Author : Maryam Salehijam

Publisher : Routledge

Page : 218 pages

File Size : 46,73 MB

Release : 2020-12-10

Category : Law

ISBN : 1000262367

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Book Description

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.