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Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury.
The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level.
The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe receives is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA.
Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
- Sales Rank: #628846 in Books
- Brand: Brand: Oxford University Press, USA
- Published on: 2013-02-07
- Original language: English
- Number of items: 1
- Dimensions: 6.60" h x 2.70" w x 9.30" l, 3.75 pounds
- Binding: Hardcover
- 1000 pages
- Used Book in Good Condition
Review
The book is a landmark scholarly contribution to the study of comparative mediation ... The volume edited by Hopt and Steffek adds great value to the existing body of literature on comparative mediation and provides concrete ideas for advancing the cause of promoting mediation on the global stage. The perceptive views on the principles and regulation of mediation and the empirical data provided in the book are a precious resource for legal academics and practitioners alike. Peter C.H. Chan, European Business Organization Law Review 14
About the Author
Klaus J. Hopt is Director emeritus at the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor emeritus at the University of Hamburg.
Felix Steffek is Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Comparative insights....
By Phillip Taylor MBE
[[VIDEOID:mo1P3CL1R7WKM18]]
INTO MEDIATION WORLDWIDE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
`Why haven't you mediated?' is fast becoming as common an utterance from the bench in the UK as `why haven't you settled?' And the hapless and somewhat shamefaced clients whether claimants or defendants typically look bemused.
Like so many litigious folk, they have staunchly insisted on having their `day in court' and never for a moment, it seems, have they ever considered mediation as an option. But option it is - and increasingly so. And if you as a practitioner wish to widen your perspective regarding mediation, (particularly if you have international clients) you need this book, recently published in hardback format by OUP.
Within its 1,400 pages, the book places at your fingertips, the accumulated research and commentary on mediation of some thirty learned contributors from jurisdictions around the world.
Describing and analyzing the law and practice of mediation in -- we count twenty-three countries -- this volume presents a wide spectrum of comparative research on mediation, its aim being to promote understanding -- and inspire discussion -- of regulatory issues.
Mediation does offer a number of advantages. As the editors comment, it aims to resolve conflict, ostensibly in the best interests of the parties concerned and of course it reduces court caseloads, freeing up considerable court time and costs both for the parties certainly, not to mention the governments involved.
The book's 25 chapters are grouped under three headings, the first being `fundamental issues; the second, mediation in the European Union-- and in Part III, mediation in the wider world including Australia, Canada, Japan, New Zealand, Norway, Russia, Switzerland and the USA.
The book contains a wealth of resources for research, almost too numerous to mention here, but which include, an index of over twenty pages, copious footnoting and at the end of each of the chapters, extensive lists of literature, legal resources, legal instruments and web resources, all facilitating easy reference to the relevant research materials.
Interestingly, the book began as an embryonic idea which emanated for the most part from the Max Planck Institute which was commissioned by the German Ministry of Justice in 2007 to prepare a comparative expert report against the background of the European Mediation Directive and which ultimately formed the basis for the (then) new German mediation law.
We are summarizing here, but along with a host of other institutions and individuals the idea emerged of publishing a book for English-speaking readers - and here it is; an enlightening and up to date comparative insight into mediation law across a wide range of international contexts.
If you or your colleagues are involved in any aspect of mediation, or for that matter, any form of dispute resolution, this book may well prove a revelation. The law is stated as of 1 June 2012.
0 of 1 people found the following review helpful.
It is just OK
By Georgios Diamantopoulos
is not so good as I was expected. Too expensive and not of excellent quality. For example the perspective of greek law was not very good
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