Mediation
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The Essential Guide to Workplace Mediation & Conflict Resolution
Examines the nature, process, uses and skills for employing and using mediation. Explores what mediation is and how it can be successfully applied to resolve issues.
The Singapore Convention on Mediation
Author: Nadja Alexander
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2019-10-14
The Singapore Convention on Mediation presents a comprehensive and insightful commentary on the Singapore Convention and the emerging field of the private international law of mediation. The Convention is just beginning its life as an international legal instrument. Recent years have witnessed the growing recourse to mediation as an alternative method of solving disputes in the sphere of international commercial and investment relations. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions. What’s in this book: The book’s meticulous examination considers the following issues and topics: – international mediated settlement agreements as a new type of legal instrument in international law; – types of settlement agreements that fall within the scope of the Convention; – how the Convention’s enforcement mechanism works; – the meaning of ‘international’ and the absence of a seat of mediation; – the Convention’s approach to recognition and enforcement of internationally mediated settlement agreements; – the grounds for refusal to grant relief under the Convention; – mediator misconduct as a ground for refusal to grant relief; – the impact of the Convention on private international law; – the relationship of the Singapore Convention with other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; – possibilities for Contracting States to declare reservations. How this will help you: This book will be one of the first publications providing legal practitioners and other stakeholders with legal commentary on the Singapore Convention on Mediation. It informs readers of the legal implications and potential controversies associated with the Convention and offers much-needed clarifications on particular provisions This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
The Commercial Mediator's Handbook
Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: • In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law. • Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. • In-depth discussion of the ethical requirements relating to mediation and mediators. • Sample forms for use in commencing mediation. • In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. • General forms for use in complex international mediation, form agenda and mediation statements. • Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. • Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. • International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.