Arbitration, mediation and alternative dispute resolution Books
Skyhorse Publishing The Little Book of Trauma Healing: Revised &
Book SynopsisHow can we effectively address the threat of terrorism? What helps being about long-term security? What stops cycles of victimhood? What role can Restorative Justice play? This fully updated edition offers insightful answers.Following the staggering events of September 11, 2001, the Center for Justice and Peacebuilding at Eastern Mennoni
£7.59
Skyhorse Publishing The Little Book of Police Youth Dialogue: A
Book SynopsisDiscover the police-youth dialogue (PYD) as a method to build trustworthiness, mend relationships, and heal historical harms between black youth and law enforcement. This timely book from the Justice and Peacebuilding series offers an explanation of the need for meaningful dialogue between law enforcement and black youth, a blueprint for implementing police-youth dialogues, best practices and examples, anecdotes and narratives from participants, different models and formats, potholes and limitations, and tangible tools and action steps for starting a police-youth dialogue program. Ultimately, the strategies and techniques used in effective police-youth dialogues can bring attention to issues of implicit bias and the impact of toxic stress on marginalized groups, ameliorate tensions between law enforcement officers and black youth, and build toward a model of community policing and restorative justice rather than punitive discipline and violence.The Little Book of Police-Youth Dialogue presents readers with relevant knowledge and research regarding trauma and race in the United States, strategies for creating a safe space of attentive listening and mediating genuine connections between police officers and black youth, and specific ways to take action in ameliorating police-youth tensions and promoting healing in their local communities.
£5.99
Skyhorse Publishing The Big Book of Restorative Justice: Four Classic
Book SynopsisThe four most popular restorative justice books in the Justice & Peacebuilding series—The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes—in one affordable volume. And now with a new foreword from Howard Zehr, one of the founders of restorative justice!Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates.Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.
£16.99
Skyhorse Publishing Little Book of Program Design and Assessment:
Book SynopsisA concise and practical guide to bringing the day-to-day practice of restorative justice programs into closer alignment with restorative values.In the past twenty-five years there has been an explosion of programs, projects, and initiatives that use the terms “restorative justice” or “restorative practices.” This reflects multiple trends: the failures and inhumanity of justice system policies and practices; the unfairness and ineffectiveness of “zero tolerance” and other punitive measures adopted in our schools, and the positive impact of those who have promoted restorative practices for the past several decades around the world. This complex mix has generated an array of programs that utilize restorative ideas and practices in a wide variety of ways, such as court diversion, deeply spiritual circle work, and national and international truth and reconciliation projects. Some of these programs are designed to address incidences of harm that fall within large systems (family group conferencing, victim offender dialogue, circles, COSA, etc.) or in schools where they are often focused on addressing incidences of harm in an effort to change the over reliance on suspensions and expulsions as a way to modify student behaviors. There are other experiments in restorative justice that move this work into community settings, with a focus on healing and the creation of more empathic relationships. As the authors know from experience, there is often a gap between values and the reality of day to day practice. This Little Book strives to find ways to shrink that gap and to bring our practice and the structures and methods that employ them into closer alignment with restorative values. Simply put, this book asks, how can we better align restorative theory and practice in our work? In order to have truly restorative programs (programs that strive for consistency between their stated values and their real-life practices) the authors offer some ways to integrate restorative practices and values into the strategies used to design, implement, and assess them. They propose the use of another transformative practice, Participatory Action Research (PAR), as a powerful ally in the work of developing restorative practices and the programs that hold them.
£7.59
Skyhorse Publishing Little Book of Listening
Book SynopsisA practical guide to listening well in restorative justice programs and any relationship.The Little Book of Listening is an introduction to and practical guide for listening as an emergent strategy for creating a transformed world. It presents radical listening as an essential macro-skill, one that is essential in forming “right relationships” with ourselves and others that are the necessary prerequisite to all lasting forms of social change. This is a collaborative book, constructed from the contributions of twenty-six listeners from a wide variety of backgrounds who have shared their strategies, experiences, inspiration, and hopes for a transformed world through listening justly and equitably. One of the primary goals of the book is to offer practical tools for readers to develop the skills to listen to themselves and others more effectively, drawing attention to the barriers and filters that so often distract us from listening. Ano
£7.68
Skyhorse Publishing The Little Book of Restorative Justice for Campus
Book SynopsisA restorative justice approach to addressing sexual misconduct in colleges and universities. Written for college and university practitioners and administrators, The Little Book of Restorative Justice for Campus Sexual Harms: A Holistic Approach to Address Sexual Misconduct and Relationship Violence for Colleges and Universities combines explanation, justification, and contextualization for the application of restorative justice (RJ) for sexual misconduct, including for alleged Title IX violations. This book outlines considerations, action steps, and best practices for campuses that are interested in exploring the successful implementation of RJ for sexual misconduct. The authors' backgrounds as practitioners within the higher education context grounds this work with personal reflections, experiences, and stories. This book provides a primer for colleges and universities who seek to move campus culture in a more restorative direction generally, and spe
£8.01
£8.54
West Academic Publishing Legal Negotiation in a Nutshell
Book SynopsisFollows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles, strategies, and tactics as well as the stages of legal negotiation.
£55.80
Sourcebooks The Secret to Getting Along (and Why It's Easier
Book Synopsis
£24.29
Nimbus Publishing (CN) The Last Canadian Knight: The Unintended Business
Book Synopsis
£18.00
New Society Publishers The Mediators Toolkit Second Edition
Book Synopsis
£33.74
Intersentia Ltd Civil and Commercial Mediation in Europe:
Book SynopsisMediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. Every chapter on national law analyses both out-of-court and court-annexed mediation in the existing legal framework; the areas of law covered by mediation; the value and formal requirements of the agreement to submit any dispute to mediation; personal features and requirements for mediators; procedural requirements in the mediation procedure; the relationship between the mediator and public authorities; the outcome of the mediation procedure; and, in the scenario in which a mediation settlement is reached, its requirements and effects. The book is written by renowned specialists on mediation in Europe and aims to provide an exhaustive account for both scholars and practitioners in Europe and outside the continent.Table of ContentsThis collection of 21 country reports examines the situation and status of cross-border mediation in the Member States of the European Union. The country reports are structured as follows: 1. Transposition of the Mediation Directive 2008/52/EC how the Directive has been implemented in the relevant Member State 2. Notion of Cross-Border Mediation how cross-border mediation is defined and understood 3. Mediation Clause examining the nature of the mediation clause and the law applicable to cross-border disputes 4. Matters that can be Submitted to Mediation 5. Mediation Agreements, Mediators and Mediation Procedure setting out the requirements and law applicable to each stage of a mediation, including the agreement to mediation, the selection of a mediator, the mediation itself and the settlement 6. Enforcement including rules for enforcement of settlements reached in Member States and non-Member States and whether or not the settlement is enforceable in the country of origin 7. e-Justice The General Report draws together the discussion in both volumes I and II by discussing the national mediation rules and procedures and those for cross-border mediation from a comparative perspective. (Country reports: Austria, the Baltic countries, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Luxemburg, the Netherlands, Poland, Portugal, the Scandinavian countries, Slovakia, Slovenia, Spain, and the United Kingdom)
£131.10
Edward Elgar Publishing Ltd Criminal Reconciliation in Contemporary China: An
Book SynopsisIn China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system.Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.Trade Review'This is an excellent book that provides us with important insights into a central, but so far insufficiently studied aspect of China's criminal justice through its in-depth studies of how 'criminal reconciliation' works on the ground. It is well-grounded in empirical research and critical analysis, and its argument is persuasive. This book is of great value to readers interested in the criminal justice system, judicial reforms, and human rights in China.' --Eva Pils, King's College London, UK'This detailed ethnographic study of ''criminal reconciliation'' (xingshi hejie) in China's criminal process uncovers a major contradiction between the formal rules and lived reality. In place of voluntary admissions of guilt, education and correction, the author found enforced ''reconciliation'' driven by criminal justice officials seeking to meet official performance evaluation criteria. This insightful study demonstrates how informal rules may be accorded primary importance in practice mirroring the Party's promotion of the ''rule of law with Chinese characteristics'' as it extends its authoritarian grip on everyday life.' --Mike McConville, Emeritus Professor, The Chinese University of Hong KongTable of ContentsContents: 1. The criminal reconciliation (xingshi hejie) system in China: background, pilot projects and debates 2. A comparative look at criminal reconciliation: a transplant of restorative justice? 3. Criminal reconciliation in practice: evidence from official case files 4. The process of criminal reconciliation programmes: evidence from interviews 5. The participants of criminal reconciliation programmes: evidence from interviews 6. Understanding wider problems with the Chinese criminal justice system through the lens of criminal reconciliation 7. Conclusion Bibliography Index
£105.00
Orpen Press Scars of Divorce
Book Synopsis
£17.10
Edward Elgar Publishing Ltd Corporate Accountability: The Role and Impact of
Book SynopsisWhilst many of us would agree that human rights are more important than corporate profits, the reality is often different; such realities as child labour and environmental destruction caused by corporate activities make this patently clear. Recognising that balancing human rights and business interests can be problematic, Corporate Accountability considers the limits of existing complaint mechanisms and examines non-judicial alternatives for conflict resolution.The innovative approach herein compiles both long-standing international expertise and findings based on 25 key interviews from experts and victims. In contrast to the current literature, which tends to provide details on the functioning of the mechanisms, this book delves further to examine the strengths and weaknesses of each mechanism and provides criteria of excellence for non-judicial grievance mechanisms. In doing so, it provides a reality-check for corporate accountability worldwide.Novel and thought provoking, Corporate Accountability will be a captivating read for academics as well as companies interested in human rights and corporate social responsibility. It will also prove of interest to related state institutions such as development agencies and other relevant ministries such as chambers of commerce, trade unions, NGOs and civil society organisations.Trade Review‘The book will be very useful for lawyers, academics, companies and for those who have an interest in business and human rights.’ -- Manoj Kumar Sinha, Business and Human Rights JournalTable of ContentsContents: PART I: Introduction 1. Introduction and methodology PART II: Grievance Mechanisms 2. International Mechanisms 3. Multi-stakeholder Mechanisms 4. Company Mechanisms PART III: Conclusions 5. Conclusions and criteria of excellencyBibliography Appendices Index
£127.30
Edward Elgar Publishing Ltd Rethinking International Commercial Arbitration:
Book SynopsisThis innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.Trade Review'International commercial arbitration has of late attracted vast amounts of commentary, much of it merely advocacy in favor of or against the enterprise, and all too often polemical in nature. What the field has lacked is a truly penetrating and holistic study of the challenges facing the enterprise, both its workings and its connection with other international dispute resolution regimes. Into this gap comes Gilles Cuniberti's masterful work which deserves the attention of anyone wanting to take international commercial arbitration seriously.' --George A. Bermann, Columbia Law School, US'Arbitration is, for many reasons - one of which is neutrality - a more suitable mode of dispute resolution in an international context than litigation before a State court. Building on his seminal 2009 article, Professor Gilles Cuniberti implacably demonstrates that arbitration should be given the status of default mode, and systematically rebuts the conventional objections against such a revolutionary proposal. He does so with such talent and persuasive power that the initially sceptical, but open-minded, reader, after turning the last page, must honestly admit that Professor Cuniberti might well have convinced him.' --Pierre Mayer, Emeritus Professor at the University of Paris 1 Pantheon-Sorbonne, France'Cuniberti's thought-provoking book elaborates on the concept of default arbitration which he was the first to propose in a 2009 article. The idea is that, in the international setting, arbitration should be the default mode of resolution of commercial disputes because it is superior to court litigation, particularly on account of its neutrality and flexibility. This shift of paradigm has been gaining traction, but remains controversial. Cuniberti's well-argued analysis brings a welcome breath of fresh air to the debates on arbitration, which remain extremely deferential to acquired wisdom but often fail duly to consider the evolution in the reality of international commercial relations.' --Luca G. Radicati di Brozolo, Catholic University of Milan, ItalyTable of ContentsContents: Part I Why Promote Arbitration 1. The Most Suitable Mode of Dispute Resolution Part II The Decline of Consent in Modern Arbitration 2. Foreign Investment Arbitration 3. Domain Name Arbitration 4. The French Experience Part III Policy Analysis 5. The Legitimacy of Private International Adjudication 6. The Public Functions of Courts Part IV Constitutional Constraints 7. European Law 8. The Constitution of the United States Part V Models of Default Arbitration 9. The Proposed Model 10. Variant 1: Arbitration as Forum Conveniens 11. Variant 2: Ending the Commercial Judicial Subsidy Part VI Implementation 12. Indirect Paths 13. Direct Paths Index
£94.00
Edward Elgar Publishing Ltd Comparative Dispute Resolution
Book SynopsisComparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their 'modernisation'. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.Trade Review‘This volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’ -- Colm Brannigan, Canadian Arbitration and Mediation Journal'This is an impressive volume, both in terms of coverage and depth, offering a rich variety of intellectual perspectives on a wide spectrum of dispute resolution processes, including processes of avoidance, negotiation, mediation, umpiring, hybrid processes and self-help. In doing so, this compendium brings together a wide variety of anthropological viewpoints from many top scholars in this field, providing new insights of theoretical, comparative and transnational dimensions, which observe how the culture and social context are often very significant.' -- Pablo Cortes, University of Leicester, UK'An astonishingly broad-reaching and multidisciplinary collection of essays that connects readers back to classic historical, anthropological, and jurisprudential studies of disputing; across legal systems in Africa, Asia, North and South America, and Europe and across processes such as negotiation, mediation, arbitration, but also avoidance and violence. It also moves forward to contemporary issues including new relations between technologies and humans and the transformation of courts from the inside. Together, these essays offer fresh comparative insights that challenge conventional understandings of the boundaries among law, disputing, and the state.' -- Amy J. Cohen, Ohio State University, Moritz College of Law, US -- Michele Graziadei, University of Turin, ItalyTable of ContentsContents: [A] INTRODUCTORY 1. Introduction Maria Federica Moscati, Michael Palmer and Marian Roberts B] DISPUTES 2. Restorative Responses to Intimate Partner Violence Donna Coker 3. Dispute Avoidance Fiona Cownie and Anthony Bradney 4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches? Joseph P. Folger 5. Violence Michael Palmer [C] NEGOTIATION 6. The Opening Statement in Mediation: A Goffman Analysis Debbie de Girolamo 7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures Clark Freshman 8. The Negotiative Function of Law in International Dispute Resolution Amy Kellam 9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy Maria Federica Moscati 10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour Patricia NG [D] MEDIATION 11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation Nadja Alexander 12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators Lesley Allport 13. Elder Mediation: An Emerging Field of Practice Dale Bagshaw 14. Mediator Styles Kenneth Kressel 15. Mediation Privilege Gary Meggitt 16. Mediation Processes Linda Mulcahy 17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice. Marian Roberts 18. Personae non grata: Interpreters in Mediation Brooke Townsley 19. Civil Case Mediation in the United States James A. Wall [E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION 20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities Michal Alberstein & Nourit Zimerman 21. Arbitration in Comparative Perspective Gu Weixia 22. Courts and Dispute Resolution in Japan John Haley 23. Algorithmic Justice: Dispute Resolution and the Robot Judge? John Morrison & Adam Harkens 24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union Áine Ryall 25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes Zhou Ling [F] MIXED PROCESSES and HYBRID SYSTEMS 26. The Role of Ombuds—A Comparative Perspective Naomi Creutzfeldt 27. Alternative Dispute Resolution through Restorative Justice: An integrated approach Theo Gavrielides 28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism Carrie Menkel-Meadow 29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development ZHAO Yun [G] CHANGING CULTURES, CHANGING SYSTEMS 30. Mediation in the Russian Federation W. E. Butler 31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking Aonghus Cheevers 32. Restoring the National Convivencia through Transitional Justice: The Chilean Case Anita Ferrara 33. Dispute Resolution Processes in Islamic Cultures Mohamed M Keshavjee 34. Dispute Resolution in South Korea Dohyun Kim & Chul-woo Lee 35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India Kalindi Kokal 36. Shifts in Dispute Resolution Processes of West African States Emelia Onyema 37. The Art of Mediation: Law and Rhetoric in Medieval Tibet Fernanda Pirie 38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan Katrin Seidel 39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China Shen Wei Index
£236.55
Edward Elgar Publishing Ltd Court Mediation Reform: Efficiency, Confidence
Book SynopsisAs judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.Trade Review'Professor Ali's book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.' --Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit'Shahla Ali's work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.' --Luigi Cominelli, The University of Milan, Italy'Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.' --Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, USTable of ContentsContents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 3. Mediation in the UK Courts 4. Mediation in the Hong Kong Courts 5. Mediation in the French Courts 6. Mediation in the Dutch Courts 7. Mediation in the Malaysian Courts PART III Mandated Court Mediation Programmes 8. Mediation in the United States Federal Courts 9. Mediation in the Australian Federal Courts 10. Mediation in the Italian Courts 11. Mediation in the Chinese Courts 12. Mediation in the Indian Courts PART IV Empirical Findings on Court Mediation 13. Insights and Recommendations from a Global Mediation Survey 14. Conclusions Select Bibliography Index
£105.00
Emerald Publishing Limited How Mediation Works: Theory, Research, and
Book SynopsisFrom the leading authors in mediation and dispute resolution comes this new psychology-based work on the nuts and bolts of mediation. Using the behavioral theories of interests, rights, and power, Goldberg, Brett, and Brenneur explain what mediators do, what makes for a successful mediator, and how best to structure a mediation-essentially the role of the mediator and the disputing parties at each step of the process. Also included is an essential chapter on the relationship between mediation and the law by Nancy Rogers, one of the foremost U.S. authorities on the topic.Trade ReviewDescribing mediation as a dispute resolution process in which a neutral third party without authority to impose an outcome helps the disputing parties resolve their differences, Goldberg and all explain the process for people who might like to become mediators and for judges and arbitrators who seek to mediate rather than decide some disputes. They cover conflict, disputes, and their resolution; dispute resolution processes; the roles of the mediator and the disputing parties at each step of the mediation process; dealing with difficulties; mediation and the law; and being a mediator. -- Annotation ©2017 Ringgold Inc. * (protoview.com) *Table of ContentsIntroduction 1. Conflict, Disputes, and their Resolution 2. Dispute Resolution Processes 3. The Roles of the Mediator and the Disputing Parties at Each Step of the Mediation Process 4. Dealing with Difficulties 5. Mediation and the Law - Nancy H. Rogers 6. So You'd Like to be a Mediator?
£39.89
Globe Law and Business Ltd Arbitration of M&A Transactions: A Practical
Book SynopsisIn an increasingly globalised and complex economy, arbitration is becoming the dispute resolution mechanism of choice for international M&A transactions. Spanning share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, this is a huge area of commercial activity, giving rise to an expanding number of disputes. In the second and expanded edition of this title, leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in a number of key jurisdictions. Together, the contributors provide a one-stop guide to the legal, tactical and practical aspects of arbitration in today's M&A market. The second edition contains not only valuable updates to the first edition, but includes new chapters covering a number of additional jurisdictions (including Peru and Poland). It also introduces a number of additional chapters on third party funding and warranty and indemnity insurance, as well as key concepts of valuation in the arbitration context, the quantification of damages for breach of representations and warranties. Whether you are a lawyer in private practice or are involved in M&A in the broadest sense, this commercially focused title will provide you with holistic, practical insight into the arbitration of M&A transactions.Trade ReviewLawyers as well as arbitrators should lose no time in acquiring this book. Out now in a new edition from Globe Law and Business for 2020, it should, ideally, be considered essential reading for anyone dealing professionally with M&A (mergers and acquisitions) transactions. Lawyers will be interested in the fact that many of the articles on the subject therein are written by leading lawyers practicing internationally from leading law firms such as Baker McKenzie, Herbert Smith Freehills and Allen & Overy. ‘Drawing on their extensive experience,’ says consulting editor Edward Poulton’, ‘each of the authors has sought to derive some general themes and lessons.’ As many have come to expect from Globe Law and Business, this book provides readers with pertinent, accurate and authoritative advice from thirty-five expert contributors and seventeen countries: Austria, China and Hong Kong and France, for example, through to Sweden, Turkey and the United States of America. A wealth of high-powered consultancy is here on offer in one handy volume. Yes, this book is a compilation and a valuable one, especially for practitioners involved in cross-border issues. As mentioned in the book’s introduction, ‘the increasingly international nature of M&A means that the relative (and arguably growing) ease with which arbitration awards can be enforced around the world is a real advantage.’ It is also pointed out in the article on England and Wales that ‘given the often complex, specialised, cross-border and sensitive nature of many M&A transactions, arbitration is often viewed as the most preferable forum in which to resolve disputes arising from such transactions.’ A cautionary note, however, warns that in England and Wales, ‘an arbitration clause should be drafted as widely as possible to catch all intended disputes’ and that ‘certain disputes will not be capable of being referred to arbitration under English law.’ Nonetheless, as Globe points out, arbitration is now becoming the dispute resolution mechanism of choice for international M&A transactions, ranging from share purchase agreements to joint venture arrangements and of course much more. This book, comments Lord Hoffmann in the foreword, ‘is well worth reading for anyone who is interested in arbitration, but for lawyers involved in an M&A transaction, it will need to be consulted as soon as the first instructions arrive.' The date of publication of this hardback second edition is cited as at 30th April 2020. -- Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and MediatorThe key message that came through from this book is clear: Parties to M&A transactions should be mindful of the potential issues and their resolution (whether through arbitration or other methods) not only at the time the dispute arises, but more importantly, these should be considered at the very beginning of the transaction and also at the drafting stage. All in all, the contributors and editors of this book should be well congratulated for successfully compiling a succinct, informative and practical guide on the relevant key issues surrounding M&A disputes and its related arbitration. -- Angela YapTo the practitioner tackling this field, whether veteran or apprentice, this book will prove invaluable. It serves as a useful and practical guide that any practitioner can turn to for quick and relevant practical advice on the issues that arise every day in international M&A arbitration. -- Alexis MartinezThe topics included in this Book are ground breaking, and provide different perspectives that prove to be of importance for both the negotiations and execution of a M&A contract, and the processing of an arbitration. I truly believe that this Book will provide its readers with a thorough analysis of many of the issues that can arise from M&A transactions, from a practical point of view, which bears great significance for all corporate and arbitration lawyers who are dealing with related matters. I highly recommend this insightful read. -- Aracelly LópezThis book was edited by Edward Poulton and written by practitioners – both lawyers and accountants – with extensive expertise in a wide variety of jurisdictions. It is certainly one of the most useful materials for practitioners in the field, for it covers many relevant jurisdictions as well as common issues arising in the context of M&A arbitration. -- María Florencia García and Ivan LevyTable of ContentsIntroduction Edward Poulton Baker & McKenzie LLP Part 1: National threshold issues Austria Christoph Liebscher Liebscher Dispute Management China and Hong Kong Peter Chen May Tai Helen Tang Briana Young Herbert Smith Freehills LLP England and Wales Joseph Dyke Catriona Nicol McNair Chambers France Julien Fouret Wesley Pydiamah Eversheds Sutherland Germany Guenter Pickrahn Baker & McKenzie LLP Italy Luigi Cascone Roberto Leccese Ughi e Nunziante Japan Peter Godwin John Ribeiro Herbert Smith Freehills LLP Mexico Reynaldo Urtiaga Bryan, González Vargas & González Baz Netherlands Hilde van der Baan Marieke van Hoojdonk Berend Veenstra Allen & Overy LLP Peru Ana Maria Arrarte Maria del Carmen Tovar Andrea Espejo Baker & McKenzie LLP Poland Natalia Jodłowska Joanna Kisielin´ska-Garncarek GESSEL Russia & CIS Vladimir Khvalei Anton Maltsev Baker & McKenzie LLP Singapore Lim Wei Lee Alvin Yeo WongPartnership LLP Spain Antonio Bravo Sara Ganzarain José Sánchez de León Eversheds Sutherland Sweden Johan Strömbäck Setterwalls Turkey and Middle East Ismail G Esin Ali Selim Demirel Esin Attorney Partnership Dogan Gultutan Baker McKenzie LLP USA Oliver J Armas Hogan Lovells US LLP Part 2: The arbitration agreement Agreement to arbitrate Francisco Franco Grant Hanessian Nicholas Kennedy Baker & McKenzie LLP Part 3: Common types of disputes in M&A contracts Pre-signing disputes Soledad Díaz Ferrere Pre-closing disputes Julien Fouret Eversheds Sutherland Claims for breach of representations and warranties Noradèle Radjai LALIVE Claims for breach of indemnities Carmen Núñez-Lagos Hogan Lovells LLP Warranty and indemnity insurance Helen Chapman Claire Fleetwood Natalie Graham Aon UK Limited Price adjustment and closing account disputes Maggie Stilwell EY Disputes arising from joint venture agreements Jörg Risse Baker & McKenzie LLP Disputes arising from shareholder agreeements Rupert D’Cruz Littleton Chambers Tortious claims arising from M&A contracts Charles Golsong Deborah Ruff Pillsbury Winthrop Shaw Pittman LLP Part 4: Other issues arising from arbitration Anti-trust and competition issues Gordon Blanke Blanke Arbitration LLC Procedural and tactical issues arising in M&A disputes John Leadley Baker & McKenzie LLP Valuation issues Michael Weaver Duff & Phelps Third party funding James Mackinnon Burford Capital Damages for breach of warranty Karen Drysdale Liz Perks Haberman Ilett
£148.50
Jessica Kingsley Publishers Mediation and Dispute Resolution: Contemporary
Book SynopsisMediation and Dispute Resolution addresses contemporary challenges and new developments in mediation. It aims to provide you with the key tools needed as an ADR practitioner to develop your own style and practice.The book examines the impact of diversity and cultural difference in mediation, gender difference and its implications, and the process of managing high conflict. It also explores new areas of practice such as apology and reconciliation and conjoint mediation and therapy. With advice on how to manage the move into mediation from a previous professional career, the conflicts between practitioners' personal lives and their work are also discussed.Throughout, the book focusses on practical strategies and skills, using case examples in each chapter to highlight the application of theory. An invaluable resource for both experienced and novice mediators to build, consolidate and improve their practice, this book is a perfect complement to Whatling's introductory guide Mediation Skills and Strategies.Trade ReviewTony brings his customary wisdom and insight to a range of urgent issues, many of which are not widely written about, yet which pose increasing challenges for today's dispute resolution practitioners. This is an essential read for professionals across all dispute contexts, wanting to enhance their practice. Timely, thought-provoking and illuminating. -- Andrew Sims, Independent Mediator, Consultant and TrainerThis book offers reflections on mediation process and practice, revealing the author's deep knowledge of theory and practice. It brilliantly addresses problems and issues which concern mediators. Each chapter delivers a short masterclass. It may challenge some mediators' ideas; it will certainly help them to hone their skills. -- Margot Moffitt LLB FMCA, Family Mediator and Director of Family Mediation North EastThis book is a timely reminder of what it means to be a mediator. Packed with practical examples, theoretical insights and historical perspectives; an excellent primer for the novice mediator and a welcome refresher for the experienced (and sometimes jaded!) practitioner. -- Marilyn Webster, Director, Prime Resolution Ltd.
£23.74
Edward Elgar Publishing Ltd Fair and Equitable Treatment and the Rule of Law
Book SynopsisBy comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.Trade Review‘Among the many books on fair and equitable treatment (FET), this one stands out. It treads new grounds in arguing that the rule of law elements FET consists of should not be viewed as imposing an abstract and detached international law standard, but that compliance of the host State with domestic law and other international legal commitments should be put center stage, with equitable considerations playing a residual and corrective role. The book’s novel approach to FET presents a forceful argument for a further integration of international investment law, domestic law, and other specialized international legal regimes.’ -- Stephan Schill, University of Amsterdam, the Netherlands‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’ -- Sir Franklin Berman KC, Essex Court Chambers, London, UK‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živkovic’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’ -- Charles T. Kotuby, University of Pittsburgh School of Law, US and Durham Law School, UKTable of ContentsContents: Preface 1. Introduction 2. Fair and equitable treatment – history, indeterminacy, and the rule of law debate 3. Fair and equitable treatment as a union of rule of law and equity 4. Applying the FET standard – sequential review as a path forward 5. Conclusion to fair and equitable treatment and the rule of law Bibliography Index
£100.00
Edward Elgar Publishing Ltd Private International Law: Contemporary
Book SynopsisIs Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van LoonTrade Review'Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.' --Jürgen Basedow, Member of the Institut de Droit InternationalTable of ContentsContents: Introduction 1 Franco Ferrari and Diego P. Fernández Arroyo PART I CERTAINTY VERSUS FLEXIBILITY 1. Certainty versus flexibility in the conflict of laws 6 Kermit Roosevelt III 2. Certainty versus flexibility in the EU choice of law system 27 Francesca Ragno PART II PARTY AUTONOMY 3. Foundation, limits and scope of party autonomy 71 Giuditta Cordero-Moss 4. The scope and limits of party autonomy in international contracts: a comparative analysis 101 Symeon C. Symeonides PART III UNIVERSAL VALUES 5. Private international law and the question of universal values 148 Ralf Michaels 6. Are there universal values in choice of law rules? Should there be any? 178 Mathias Reimann PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE ISSUES 7. Unlocking private international law’s potential in global (migration) governance 196 Verónica Ruiz Abou-Nigm 8. The present and prospective contribution of global private international law unification to global legal ordering 214 Hans van Loon PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY 9. Extraterritoriality in the public and private enforcement of U.S. regulatory law 236 Hannah L. Buxbaum 10. New challenges of extraterritoriality: superposing laws 258 Matthias Lehmann PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS: JURISDICTION AND FORUM NON CONVENIENS 11. European perspectives on human rights litigation 293 Martina Mantovani and Burkhard Hess 12. Judicial jurisdiction and forum access: the search for predictable rules 332 Linda J. Silberman PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS 13. New challenges in the recognition and enforcement of judgments 360 Ronald A. Brand 14. New challenges in the context of recognition and enforcement of judgments 390 Andrea Bonomi PART VIII FOREIGN LAW IN DOMESTIC COURTS 15. Foreign law in domestic courts: challenges and future developments 412 Yuko Nishitani 16. The challenge of accommodating foreign law in domestic courts 434 Louise Ellen Teitz PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 17. Private international law in international arbitration 464 George A. Bermann 18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits 484 Horacio A. Grigera Naón Index 497
£142.50
Simon & Schuster Audio Ask for More: 10 Questions to Negotiate Anything
Book Synopsis
£29.99
Edward Elgar Publishing Ltd International Commercial Arbitration in the
Book SynopsisThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.Trade Review’The clear protagonist of this very elegantly written book is the EU sage behind Arts. 1 (2) (d); 73 (2) and Recital 12 Brussels Ibis Regulation. To introduce EU exclusive external competence into the saga is a novelty and an interesting idea that can claim originality. Plus, anti-suit orders issued by arbitration tribunals and anti-arbitration orders get the most intense treatment yet to be found in a monograph.’- Peter Mankowski, Universitat Hamburg, GermanyTable of ContentsContents: Introduction 2. Brexit and the principle of mutual trust in the EU 3. The scope of the arbitration exclusion under the Brussels I Regime 4. Parallel court/arbitration proceedings 5. Recasting the Brussels I Regulation 6. External competence of the EU 7. Regulation (EU) No 1215/2012 (Brussels I Recast) 8. General conclusion Bibliography Index
£105.00
Edward Elgar Publishing Ltd The Singapore Convention on Mediation: A
Book SynopsisThis Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention’s implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation. Trade Review‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’ -- Marta Requejo Isidro, The European Association of Private International LawTable of ContentsContents: Foreword xvii Chronicles of the Singapore Convention – an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortés 2 Definitions 86 Nuria González Martín 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrão and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Théophile Margellos and Sven Stürmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrão 14 Entry into force 291 Javier Díez-Hochleitner 15 Amendment 299 Javier Díez-Hochleitner 16 Denunciations 304 Javier Díez-Hochleitner Index
£157.70
Edward Elgar Publishing Ltd European Rules of Civil Procedure: A Commentary
Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.Key Features: Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, USTable of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671
£251.75
Edward Elgar Publishing The Model Law Approach to International
Book Synopsis
£80.00
Edward Elgar Publishing Ltd Diversity in International Arbitration: Why it
Book SynopsisAfter decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.Trade Review‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’ -- Victoria Sahani, Boston University, US‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’ -- Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East MootTable of ContentsContents: PART I THEORETICAL INTRODUCTION 1 Introduction: reaching sustainable diversity in international arbitration 2 Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton 2 Diversity in four dimensions 6 Joshua Karton 3 Fluidity of culture: convergence and informed divergence in cross-border arbitration 21 Shahla F. Ali PART II DIVERSITY IN THE ARBITRAL COMMUNITY 4 Diversity in investment arbitration: balancing individual and community legitimacy 33 Fernando Dias Simões 5 Gender, race, or both? The need for greater consideration of intersectionality in international arbitration 48 Kabir A.N. Duggal and Rekha Rangachari 6 Diversifying the dominant demographics in international arbitration – the how, the why and the (maybe) solution 66 D’Andra A. Johnson and Theominique D. Nottage 7 Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration 83 Eva Litina 8 Developing diversity within diversity discourse: remembering non-lawyers in arbitration 101 Luke Nottage, Nobumichi Teramura and James Tanna 9 CETA – where are the women? Diffusing the thought-terminating clichés that impeded diversity 119 Katherine Simpson and Anthony Marcum 10 Boosting diversity in international arbitration: lessons from and for China? 135 Monika Prusinowska 11 Judicial capacity-building and sustainable diversity under the Model Law 150 Anselmo Reyes PART III DIVERSITY IN CULTURES AND STYLES OF ARBITRATION 12 Arbitration and the diversity of constitutional cultures 168 Victor Ferreres Comella 13 Diversity of med-arb in international arbitration 182 Weixia Gu 14 I say discovery, you say disclosure. Evidence in international arbitration 198 Alyssa S. King 15 Linguistic diversity in international investment arbitration 213 Ksenia Polonskaya 16 Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity 229 Nobumichi Teramura PART IV “SUSTAINABLE” ARBITRATION – ENVIRONMENTAL ISSUES 17 The role of international arbitration in resolving climate change related disputes: selected prospects and issues 243 Konrad J. Czech and Bartosz Soloch 18 Transparency in international arbitration as a catalyst to combat climate change: is it time to embrace democratised access to data in climate change related disputes? 258 Caroline Deves and Piotr Wilinski 19 Arbitration and climate change: sustainable and diverse policy and practice 276 Lucy Greenwood Index 289
£108.30
Edward Elgar Publishing Ltd IT Contracts and Dispute Management: A
Book SynopsisThis thoroughly revised and expanded second edition of IT Contracts and Dispute Management provides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic.Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court’s judgment on ‘no oral modification’ clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.Table of ContentsCONTENTS: Preface to the second edition Part A Outset – Birth Of A Technology Project 1. Pre-Contract Matters 2. Liability For Pre-Contractual Statements 3. Contract Negotiation And Project Methodology Part B Nurturing, Maintaining And Delivering The Project 4. The Contractual Framework 5. Housekeeping 6. Project Management 7. Delivery And Acceptance 8. Testing 9. Other Aspects Of Performance 10. Delay Part C In Sickness And In Health – The Ailing Project, Interim Dispute Resolution And Resuscitation 11. Project Rescue 12. Representations When Re-Baselining 13. Termination Rights 14. Project ‘Resuscitation’ 15. Interim Dispute Resolution 16. Enforcing A Continuing Relationship Part D Quantification Of Claims For Compensation 17. Quantification Of Claims For Compensation 18. Exemption/Limitation Clauses Part E Conducting Technology Contract Disputes 19. Forum For Resolving Disputes 20. Disclosure 21. Witnesses Index
£180.50
Anthem Press Judicial Dispute Resolution: New Roles for Judges
Book SynopsisThis book describes the ways in which judges, using JDR, have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. JDR or judicial dispute resolution is similar to mediation (or alternative dispute resolution – ADR, as it is sometimes called), but it is provided by a judge, not a private mediator. Very little has been written about JDR, especially in Canada where it has been pioneered for several decades, because all the records have remained confidential. The story can now be told because the authors were given exclusive access to the records and the parties (including the JDR judges) in nine illustrative cases. The authors provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR.Trade Review“A deeply thoughtful treatment of judicial dispute resolution. The authors are clear-eyed both about the potential benefits of these evolving processes and about their limitations. The book offers compelling case studies, curated to provide readers with a thorough understanding of an opportunity for modern judges in all legal systems.” — Michael Moffitt, Philip H. Knight Chair in Law, Faculty-in-Residence, Clark Honors College, University of Oregon.“Judges sit at the apex of dispute resolution processes. When all else fails, one or more of the parties may seek a judicial resolution of their dispute. As the three authors point out, this is neither efficient (it comes far too late in the process) nor satisfactory (it promotes winners and losers and seldom “resolves” the dispute). There is a better way! Judicial dispute resolution or JDR. It imagines a far more creative role for judges and that in turn will often lead to better results for the parties. This, however, will require a different orientation and skill set from the parties, and a select group of judges who have both the desire and the aptitude to embrace the unique skills of judicial dispute resolution. This book offers important insights into how both might be achieved.” — D. Paul Emond, Professor Emeritus, Osgoode Hall Law School, Founding Director, Part time instructor, LLM in Dispute Resolution, York University.“An interesting book at once useful for the experienced mediator as well as the aspiring novice, filled with insightful advice based on a wealth of experience. Creativity is the secret to successful mediation and the authors have heartedly contributed in that regard in their resourceful work. I recommend it to everyone engaged in the important field of ADR.” — The Honourable Warren K. Winkler, O.C., O. Ont., K.C., LL.D. (Hon.), former Chief Justice of Ontario. "Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice" describes the ways in which judges, using JDR (Judicial Dispute Resolution), have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. [...] The three co-authors also have collaborated to provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR. [...] This book is especially recommended for college and university Judicial Studies collections and supplemental Arbitration/Negotiation/Mediation law school curriculum studies lists —Midwest ReviewTable of ContentsForeword; Chapter 1: Introduction; Chapter 2: Judicial Dispute Resolution (JDR) around the World; Chapter 3: The History of JDR in Canada; Chapter 4: JDR’s Response to the Weaknesses of Litigation; Chapter 5: ADR v. JDR; Chapter 6: JDR Produces Satisfactory Results: The Divorce Case; Chapter 7: Advantages and Disadvantages of JDR; Chapter 8: Justice and Fairness in JDR The Motor Vehicle Accident with Pedestrian Case; Chapter 9: Types of Judges: Skill, Temperament, and Attitude in JDR Temperament in an Estate Dispute Case; Chapter 10: Confidentiality and Privacy in JDR; Chapter 11: Which Cases are Unsuitable for JDR?; Chapter 12: Juggling Complexity in JDR The Falling Rocks Case; Chapter 13: Divergent Interests of Adversarial Lawyers and Their Clients; Chapter 14: JDR and the Role of Precedent The Medical Malpractice Case; Chapter 15: The Importance of a Robust JDR Intake System; Chapter 16: The Chief Justices and How to Triage Special (SPEC) JDR Cases; Chapter 17: Specialized JDRs (SPECs) A Look at Three Cases and the Impact of the COVID-19 Pandemic; Chapter 18: How to Prepare for and What to Do During a JDR The Power Pole Case; Chapter 19: The New World of Online Dispute Resolution (OJDR); Epilogue: The Future of JDR; Bibliography; Appendix; Teaching Guide; Case Studies; 1. The Contaminated Land Case; 2. The Divorce Case; 3. The Motor Vehicle Accident with Pedestrian Case; 4. Temperament in an Estate Dispute Case; 5. The Negligent Land Transfer Case; 6. The Falling Rocks Case; 7. The Medical Malpractice Case; 8. The Power Pole Case; 9. The Well Fire Case; Index
£72.00
Anthem Press Judicial Dispute Resolution: New Roles for Judges
Book SynopsisThis book describes the ways in which judges, using JDR, have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. JDR or judicial dispute resolution is similar to mediation (or alternative dispute resolution – ADR, as it is sometimes called), but it is provided by a judge, not a private mediator. Very little has been written about JDR, especially in Canada where it has been pioneered for several decades, because all the records have remained confidential. The story can now be told because the authors were given exclusive access to the records and the parties (including the JDR judges) in nine illustrative cases. The authors provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR.Trade Review“A deeply thoughtful treatment of judicial dispute resolution. The authors are clear-eyed both about the potential benefits of these evolving processes and about their limitations. The book offers compelling case studies, curated to provide readers with a thorough understanding of an opportunity for modern judges in all legal systems.” — Michael Moffitt, Philip H. Knight Chair in Law, Faculty-in-Residence, Clark Honors College, University of Oregon.“Judges sit at the apex of dispute resolution processes. When all else fails, one or more of the parties may seek a judicial resolution of their dispute. As the three authors point out, this is neither efficient (it comes far too late in the process) nor satisfactory (it promotes winners and losers and seldom “resolves” the dispute). There is a better way! Judicial dispute resolution or JDR. It imagines a far more creative role for judges and that in turn will often lead to better results for the parties. This, however, will require a different orientation and skill set from the parties, and a select group of judges who have both the desire and the aptitude to embrace the unique skills of judicial dispute resolution. This book offers important insights into how both might be achieved.” — D. Paul Emond, Professor Emeritus, Osgoode Hall Law School, Founding Director, Part time instructor, LLM in Dispute Resolution, York University.“An interesting book at once useful for the experienced mediator as well as the aspiring novice, filled with insightful advice based on a wealth of experience. Creativity is the secret to successful mediation and the authors have heartedly contributed in that regard in their resourceful work. I recommend it to everyone engaged in the important field of ADR.” — The Honourable Warren K. Winkler, O.C., O. Ont., K.C., LL.D. (Hon.), former Chief Justice of Ontario. "Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice" describes the ways in which judges, using JDR (Judicial Dispute Resolution), have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. [...] The three co-authors also have collaborated to provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR. [...] This book is especially recommended for college and university Judicial Studies collections and supplemental Arbitration/Negotiation/Mediation law school curriculum studies lists —Midwest ReviewTable of ContentsForeword; Chapter 1: Introduction; Chapter 2: Judicial Dispute Resolution (JDR) around the World; Chapter 3: The History of JDR in Canada; Chapter 4: JDR’s Response to the Weaknesses of Litigation; Chapter 5: ADR v. JDR; Chapter 6: JDR Produces Satisfactory Results: The Divorce Case; Chapter 7: Advantages and Disadvantages of JDR; Chapter 8: Justice and Fairness in JDR The Motor Vehicle Accident with Pedestrian Case; Chapter 9: Types of Judges: Skill, Temperament, and Attitude in JDR Temperament in an Estate Dispute Case; Chapter 10: Confidentiality and Privacy in JDR; Chapter 11: Which Cases are Unsuitable for JDR?; Chapter 12: Juggling Complexity in JDR The Falling Rocks Case; Chapter 13: Divergent Interests of Adversarial Lawyers and Their Clients; Chapter 14: JDR and the Role of Precedent The Medical Malpractice Case; Chapter 15: The Importance of a Robust JDR Intake System; Chapter 16: The Chief Justices and How to Triage Special (SPEC) JDR Cases; Chapter 17: Specialized JDRs (SPECs) A Look at Three Cases and the Impact of the COVID-19 Pandemic; Chapter 18: How to Prepare for and What to Do During a JDR The Power Pole Case; Chapter 19: The New World of Online Dispute Resolution (OJDR); Epilogue: The Future of JDR; Bibliography; Appendix; Teaching Guide; Case Studies; 1. The Contaminated Land Case; 2. The Divorce Case; 3. The Motor Vehicle Accident with Pedestrian Case; 4. Temperament in an Estate Dispute Case; 5. The Negligent Land Transfer Case; 6. The Falling Rocks Case; 7. The Medical Malpractice Case; 8. The Power Pole Case; 9. The Well Fire Case; Index
£22.79
Jessica Kingsley Publishers Mediation Skills and Strategies: A Practical
Book SynopsisMediation is a process that can be used to resolve conflict in many different dispute contexts. This book focuses on the essential skills and strategies needed by any mediator to be successful in their work.Tony Whatling draws on his extensive experience in the field of mediation to explain the range of skills and strategies that are commonly used, as well as why you would use different skills and when they are best employed. The author shows how, by adopting these techniques, a mediator can manage challenging conflicts. It features the use of questioning skills and how they can be used effectively, as well as how to deal with high emotion and negative responses.This book is essential for anyone who wants to improve their mediation skills, whether as a trainee, novice or experienced professional.Trade ReviewTony Whatling has done exactly what he set out to do: to offer a straightforward, comprehensive description of core mediation skills and strategies... The manyexamples that are included in the book as a whole bring the mediation process to life, endorse the power of core mediation skills and provide encouragement and a reminder to all mediators to practise and develop those skills in order to be effective in helping people to take charge and resolve conflicts positively for themselves. It deserves a place on all our bookshelves. -- Family LawTony Whatling has written this book to fill a gap he identified in mediation-related literature. Whilst books on conflict theory, legal issues, and how to manage the mediation process and its stages abound, it is the author's contention that there are but few works offering a 'straightforward, comprehensive collection of mediator skills and strategies'. Whether he is correct in his assessment or not, there can be little doubt that mediation practitioners should be glad that he made it, for he has produced a fine book to plug the hole. The book may be a practical guide, but it is more than just a 'how to' manual. Whatling shares with the reader the assumptions and principles which inform his practice and his thinking. -- Mediation DigestA positive "gem" of insight and wisdom! Tony Whatling draws on nearly three decades of experience as a mediator and trainer to explain in simple phraseology a variety of mediation models; the skills that accompany them and their appropriate use...There is value for everyone in this book from those individuals in the process of training or recently qualified, to experienced mediators. The publication includes plenty to refresh knowledge, review skills and acquire alternative perspectives... The author achieves simplicity with thoroughness; easy to read yet with observations based on a wealth of personal experience and expertise. -- Academy of Experts JournalThis is an excellent practice guide to mediation, which will be of benefit to anyone working in public or private law who has to mediate between two or more parties, even if not carrying out full 'mediation'. In a short text, the author initially takes the reader through the essential principles of mediation (voluntary participation, neutrality, impartiality and confidentiality), discusses various models of processes in mediation and the attributes of mediators, before going on to consider more detailed issues. He uses examples all through the text. -- CAFCASSThe reader of this book is indeed fortunate to have the benefit of Tony Whatling's unique wealth of mediation practice, training and teaching experience distilled so accessibly. This clear and comprehensive exposition of mediator skills and strategies, enriched both by vivid concrete examples and the theoretical literature, is essential reading for anyone wishing to acquire and enhance their mediation expertise. -- Marian Roberts, Visiting Fellow, Department of Law, London School of Economics, and author of Developing the Craft of MediationTony Whatling gathers together pearls of wisdom which he has been passing on to mediation trainees and colleagues for over three decades. His book is remarkably comprehensive, yet very easy to read. For a trainee or inexperienced mediator it will be absolutely invaluable. It affords the opportunity to experienced mediators to refresh, hone and acquire skills in a thoroughly enjoyable read which I unhesitatingly recommend. -- Margot Moffit, Family Law solicitor, family mediator and trainerTable of ContentsIntroduction. 1. Mediation, Alternative Dispute Resolution and some essential principles defined. 2. Listening skills. 3. Questioning skills. 4. Providing a mirror to the client. 5. Some more advanced level strategies. 6. Managing high conflict and emotion. 7. Responding to difficult questions and behaviour. References. Index.
£23.74
Thorogood Mediation
Book Synopsis
£216.00
XPL Publishing Advanced Mediation Advocacy
Book Synopsis
£56.99
York Medieval Press Wills and Will-Making in Anglo-Saxon England
Book SynopsisA study of the implications and practices of wills and will-making in Anglo-Saxon society, and of the varieties of inheritance strategies and commemorative arrangements adopted. A remarkable series of Anglo-Saxon wills have survived, spanning the period from the beginning of the ninth century to the years immediately following the Norman Conquest. Written in Old English, they reflect the significance of the vernacular, not only in royal administration during this period, but in the recording of a range of individual transactions. They show wealthy laymen and women, and clerics, from kings and bishops to those of thegnly status, disposing of land and chattels, and recognising ties of kinship, friendship, lordship and service through their bequests; and whilst land is of prime importance, the mention in some wills of such valuable items as tableware, furnishings, clothing, jewellery and weapons provides an insight into lifestyle at the time. Despite their importance, no study has hitherto been specifically devoted to Anglo-Saxon wills in their social and historical context, a gap which this book aims to fill. While the wills themselves can be vague and allusive, by establishing patterns of bequeathing, and by drawing on other resources, the author sheds light on the factors which influenced men and womenin making appropriate provision for their property. Linda Tollerton gained her PhD from the University of York.Trade ReviewThis book is, at all levels, a very welcome, and a very successful, attempt to give wills the attention they deserve.... An important and substantial book, it makes an estimable contribution to a field that has been neglected for too long. * ENGLISH HISTORICAL REVIEW *Groundbreaking in that it is the first book-length study of the Anglo-Saxon will [and] a welcome addition to the canon of Anglo-Saxon source studies that should be read by anyone with an interest not only in these extraordinary documents themselves, but in the culture they illuminate. * EARLY MEDIEVAL EUROPE *An elegant survey that pays particular attention to the social uses of these documents. . It is a must read for Anglo-Saxonists, but it has much to offer other medievalists, including legal historians, as well. * AMERICAN HISTORICAL REVIEW *A helpful and scholarly contribution to the study of wills in Anglo-Saxon England. Its singular strength lies in the detail which Tollerton brings to the subject, exploring in depth themes touched on fleetingly in previous literature. [It] will doubtless remain the standard work on the subject for many years to come. * HISTORY *An important and very useful book. * THE MEDIEVAL REVIEW *Table of ContentsIntroduction Anglo-Saxon written wills: the nature of the evidence The process of will-making Politics, power and the bequest of land Lay bequest of land: pious gifts and family strategy The bequest of movable wealth Wills, commemoration and lay piety Conclusion: Why make a written will in Anglo-Saxon England? Appendix 1: The corpus of Anglo-Saxon wills Appendix 2: The evidence for wills and will-making in the Liber Eliensis and Chronicon Rameseiensis Appendix 3: The bequest of movable wealth Appendix 4: Local churches mentioned in wills Appendix 5: Note on unpublished material by Patrick Wormald Bibliography
£80.75
Clarus Press Ltd Arbitration Act 2010 and Model Law: A Commentary
Book SynopsisTable of Contents* Introduction and Background Information * Arbitration Act 2010 (fully annotated); * Text of UNCITRAL Model Law on International Commercial Arbitration (fully annotated); * Text of 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards * Text of 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States
£98.80
Clarus Press Ltd Arbitration in Ireland: Arbitration Act 2010 and
Book SynopsisThe introduction of the Arbitration Act 2010 radically changed arbitration law and practice in Ireland. Now in its 2nd ed, this book provides a detailed and concise section-by-section commentary on the Arbitration Act 2010 and the UNCITRAL Model Law to include a discussion on all recent Irish arbitration case-law.
£99.75
Spiramus Press Resolving Business Disputes: How to get better
Book SynopsisResolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers.It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion.In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.Table of Contents PREFACE INTRODUCTION 1. BUSINESS DISPUTES – THE PROBLEM EXPLAINED 2. THE LAW: RIGHTS AND REMEDIES 2.1. RIGHTS 2.2. REMEDIES 3. BINDING DECISIONS 3.1. INTRODUCTION 3.2. LITIGATION: COURT PROCEEDINGS 3.3. NON-PAYMENT; IS THERE A DISPUTE AT ALL? 3.4. OTHER TYPES OF BINDING DECISION 3.5. LITIGATION, ARBITRATION AND EXPERT DETERMINATION COMPARED 4. WHO WILL WIN? 4.1. INTRODUCTION 4.2. FINDING THE FACTS 4.3. FORECASTING: ADVICE ON THE LITIGATION OUTCOME 4.4. THE TRIAL: JUDICIAL DECISION-MAKING AND THE TRIAL OUTCOME 4.5. CONCLUSION 5. LAWYERS, THEIR FEES AND LEGAL COSTS 5.1. INTRODUCTION 5.2. FUNDING YOUR OWN COSTS 5.3. COSTS-SHIFTING ORDERS 5.4. 'INSURING' LEGAL COSTS EXPOSURE THROUGH COURT PROCESSES 5.5. COMPARISON WITH ARBITRATION AND EXPERT DETERMINATION 6. SETTLEMENT 6.1. INTRODUCTION 6.2. WHAT DISPUTES AND CLAIMS ARE BEING SETTLED? 6.3. FURTHER LEGAL REQUIREMENTS 6.4. SETTLEMENT AND BROADER COMMERCIAL TERMS 6.5. PAYMENT TERMS 6.6. CONFIDENTIALITY AND AGREED STATEMENTS 6.7. DISPUTE RESOLUTION PROCEDURES 6.8. INTERNATIONAL ELEMENTS 6.9. SETTLEMENT DURING LEGAL ACTION 6.10. RIGHTS UNDER THE SETTLEMENT AGREEMENT 6.11. SETTLEMENT AND UNCERTAINTY 6.12. ROUTES TO SETTLEMENT 7. NEGOTIATIONS 7.1. INTRODUCTION 7.2. THE CONTEXT 7.3. MEDIATION: ADVANTAGES. 7.4. CONDUCT OF THE MEDIATION 7.5. CONCLUSION 8. OBJECTIVES AND STRATEGY 8.1. OBJECTIVES 8.2. DISPUTE STRATEGY 8.3. THE ROLE OF LAWYERS 8.4. COVID 19 – CONSIDERATIONS 9. MAKING THE DECISION 9.1. UNCERTAINTIES 9.2. IDENTIFYING AND BALANCING THE CONSIDERATIONS 9.3. DECISION FRAMES, BIASES AND OTHER BEHAVIOURS 9.4. MAKING THE DECISION 9.5. CONCLUSION APPENDIX 1 – LITIGATION 1. INTRODUCTION AND PRE-LITIGATION PROCEDURES 2. THE START OF LITIGATION AND UP TO TRIAL 3. TRIAL 4. APPEALS, ENFORCEMENT AND ASSESSMENT OF COSTS 5. OTHER COURTS AND TRIAL SCHEMES 6. THE WITHOUT PREJUDICE RULE AND OTHER FORMS OF PRIVILEGE. APPENDIX 2 – COMPARISONS: LITIGATION, ARBITRATION AND EXPERT DETERMINATION 1. LITIGATION 2. LITIGATION AND ARBITRATION COMPARED TO EXPERT DETERMINATION READING LIST INDEX
£35.96
Fink Publishing Ltd Revise SQE Written Skills in Dispute Resolution
Book Synopsis
£17.10
The University of Law Publishing Limited Commercial Dispute Resolution 2024: Legal
Book Synopsis
£36.09
Fink Publishing Ltd Revise SQE Dispute Resolution 202526
Book Synopsis
£16.15
Rosenfeld Media Liminal Thinking: Create the Change You Want by
Book Synopsis
£19.99
HCI Press It's All Your Fault!: 12 Tips for Managing People
Book SynopsisIt''s All Your Fault! explains, in easy-to-understand terminology, behaviors of people who have personality disorders, particularly blaming, irrational, and impulsive behaviors. This is a growing problempossibly effecting over 25 percent of the US populationand a predictable one that can be managed and keep everyday problems from becoming high conflict disputes.
£19.94
Diamond Cutter Press The Diamond Cutter 20th Anniversary Edition: The
Book Synopsis
£15.16
Familius LLC Red Zone, Blue Zone: Turning Conflict into
Book SynopsisMost of us fear and dread conflict, at home or at work. But conflict can be your ally, not your enemy. Conflict doesn’t have to tear your family or organization apart.Using the story of a family business leader embroiled in generational conflict, Red Zone, Blue Zone shows how to navigate conflict in a way that is healthy and leads to enhanced relationships, self-awareness, and greater leadership success. Practical response activities and personal reflection questions help the reader understand the sources of conflict, have a working command of conflict navigation principles, and be equipped to help others navigate conflict in their own lives.In Red Zone, Blue Zone readers will learn skills such as: ·Questioning ·Listening ·Pacing ·ReframingTrade Review“A powerful message for today's leaders—that workplace conflict is not a threat, but an opportunity to connect, learn, and understand how we can better serve those we lead." —Tanveer Naseer, MSc., award-winning leadership writer, Inc. 100 leadership speaker, and author of Leadership Vertigo
£13.29
Walnut Street Books There Is a Balm in Huntsville: A True Story of
Book SynopsisTwo teenagers are killed in a tragic vehicular homicide one night in Texas. Should the 19-year-old drunk driver plead guilty? If so, how long a prison sentence would await him? This nonfiction narrative follows his painful journey, as well as those of his victims' families. Is it possible for victims of violent crime to confront criminals face-to-face? Eventually, the young prisoner becomes involved in some of the first victim-offender dialogues in the country and discovers restorative justice. This true story, both sobering and hopeful, will touch teenagers, teachers, parents, counselors, and professionals in the field. There is a Balm in Huntsville gives hope to all who are confronted by misfortune.
£13.25
Institute of Competition Law Judicial Review of Competition Cases
Book Synopsis
£142.50
