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Alternative dispute resolution (ADR) techniques have theirgreatest potential in the field of international disputes, accordingto the Secretary General of the ICC Court of InternationalArbitration. Arbitration and Mediation in International Business sets out thecomplete universe of ADR techniques for international business in asingle treatise for the first time. The author explains how bothinternational commercial arbitration and the relevant alternativetechniques actually function in practice and discusses ways in whichthey can combine to reach the ultimate goal of effective and efficientconflict management. Based on the first-ever comprehensive empirical analysis of theprocess of international arbitration, this work uncovers a fundamentalconflict between the effectiveness of any mediation attempts by thearbitrator and the integrity of the arbitration process. To resolvethis `arbitrator's dilemma', the author proposes the insertion ofneatly separated `mediation windows' into ongoing arbitrationproceedings, combining the benefits of arbitration and mediationwithout compromising either procedure. With its rigorous academic analysis tempered with a highly practicalfocus, this treatise will prove indispensable for the scholar andpractitioner of international business dispute resolution and foranyone who may have to confront the possibility of conflict ininternational commerce. This title received an Honorable Mentionin the 1996 Book Prize Category of the CPR Institute forDispute Resolution Awards for Excellence in ADR. ... Read more

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In this informative account, Bryan Gibson places St Yves - born Erwan Helouri - on a par with Robin Hood, Jessie James and Ned Kelly in terms of their appeal to various national psyches - and up there alongside Joan of Arc and Bernadette of Lourdes as regards his native France. But whilst conventional outlaws used bows, arrows, six-guns and bullets to 'rob the rich to help the poor', St Yves challenged the poverty and social inequality which he saw as the root of many a prosecution or claim via argument, debate, reason and consensus. At a time when bribery and corruption was rife, St Yves waged an historic struggle to enhance the fairness of proceedings and their outcomes.Hailing St Yves as an icon of justice, counselling, mediation and reform, Gibson explains why Erwan Helouri deserves to be better known, including for the values of decency, integrity and ethics that his approach to resolving conflict imparts. The result is not just a fascinating portrayal of the man but a work that will serve as an encouragement to anyone who believes that there are better ways of doing justice.Building on connections across time, place and elements of the supernatural, "Law, Justice and Mediation: The Legend of St Yves" also stands in its own right as an enlightening and compelling tale. As Guardian columnist and legal commentator Marcel Berlins writes in the Foreword: 'St Yves deserves to be far better known than he is, especially in the English-speaking world, and in Bryan Gibson he has found a worthy champion'. ... Read more

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This work examines the Chinese legal tradition by delving into its ancient origins and by examining the Law in the social context. It concludes that mediation works well because its practice concords with the Chinese cultural tradition. ... Read more

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Gifted Children and The Law: Meditation, Due Process, and Court Cases.

A groundbreaking book about gifted education and legal issues, this unique and understandable book synthesizes the results of all reported legal actions concerning the education of gifted and talented children up to 1991.Parents are encouraged to seek mediation and due process hearings in order to settle disputes and disagreements, and specific guidance is provided on how to do this.Also included are summaries of the legal status of gifted children in statutory law in various states.This book is an important reference for parents, educators, and administrators. ... Read more

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This volume considers the primary forms of decision-making for disputes: negotiation, mediation, and umpiring - in the context of the rapidly changing discourses and practices of civil justice taking place across a broad range of jurisdictions.Potential litigants increasingly need to be aware of the comple range of dispute management processes available to them, and lawyers have to develop skills beyond those traditionally associated with litigation and the courts.This new edition brings together and anlyzes a wide range of material dealing with dispute processes and the current debates on civil justice. ... Read more

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William W. Park is one of the leading scholars in international commercial arbitration. This new book is a coherent and focused collection of his most significant and timeless articles on business dispute arbitration. The original articles have been revised and updated to provide a contemporary perspective, while the collection is prefaced by a major new article which draws together the key themes. The book is written for serious arbitration practitioners and academics alike. ... Read more

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Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence.

The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following:

• the origins and evolution of the international investment treaty framework;
• the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs;
• the role IIAs play in investment liberalization and their interaction with other areas of international economic law;
• the relationship between treaty and customary international law standards;
• the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment;
• the meaning of expropriation and conditions for lawful expropriations;
• the rules relating to transfer of funds, performance requirements and transparency; and
• exceptions and defences to investment treaty obligations.

International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

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An examination of various types of litigation - arbitration, mediation, and conciliation. ... Read more

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International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

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This book deals with the increasingly important subject of alternative dispute resolution (ADR) in sport. The forms of ADR pertinent to the settlement of sports disputes, including mediation, arbitration and 'expert determination', are clearly explained and illustrated with case histories, rulings and awards. Likewise, the organisation and activities of the main sports bodies offering discrete extra-judicial forms of dispute resolution are covered, including UK Sports Resolutions, the Court of Arbitration for Sport (CAS), and the FIFA Dispute Resolution Chamber. The book also reviews the emerging Lex Sportiva of the CAS built up over its 25 years' existence. The settlement of sports-related 'domain name' disputes by the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO) is also featured. The book is supplemented with Appendices containing such relevant materials as leading CAS awards and WIPO decisions. ... Read more

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Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
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Customer Reviews (3)

Jim @ ACU
This is one of the most imformative text books I have used in my graduate studies.It is a text that will be beneficial to all mediation students.

Updates from the Masters of Family Mediation
This is a very helpful book for me to keep close to my desk.The format let's me turn to the individual authors particular area of expertise, and get an instant, current update in their subject area. The first day I got the book, Iused the special applications section in three cases I am currently mediating.In one case I copied a good portion of the chapter on "Mediation in the Shadow of an Affair" and sent it to both sides to give them a better understanding of what was happening to each of them and why. Having various subject areas updated is helpful and efficient for me, otherwise I would have to consult a dozen or more texts to try and get this information. I would never get around to it! The authors (Folberg, Milne and Salem) did a great job using their influence to get the likes of Lang, McKnight, Meiriding, Mosten, Melamed and other acknowleged leaders to contribute.

An excellent resource for experienced or novice mediators.
Divorce and Family Mediation is an edited volume written by the leading mediators in the field of family mediation today. Every important topic in mediation is covered in a thoughtful and thought-provoking way.The background and history of mediation are presented; various models of mediation are compared and discussed; mediation techniques and interventions are explained; and special circumstances in mediation such as domestic violence, never married couples, same sex couples, blended families and families post affair are written about with a sensitivity and breadth of knowledge that makes this book a veritable primer. This book even presents ideas for developing the profession and building your own mediation practice. I highly recommend this book to any one in the field of family dispute resolution. ... Read more

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This book guides practitioners and corporate counsel through all aspects of an arbitration. As arbitration has become the standard for international business, corporate counsel at multi-national companies are required to offer advice on a legal system which differs from their own.

Customer Reviews (1)

Practical to the point of being the hitch-hiker's guide to ADR
The word "Practical" in the subtitle is no exaggeration. Practicalities characterize this book, which is not surprising given that one author is a senior litigation counsel with GE and the other is deputy leader of the international arbitration practice at Shearman & Sterling. This blend of talent, approach, background and track record from client and outside counsel highly experienced in dispute resolution has resulted in this most readable, inspiring, hitch-hiker's guide to the nitty-gritty of business dispute resolution, making making the book quite unique, refreshing and - indispensable.

Theory has been replaced by what you actually need to know, and are quite likely to encounter, in the real world. Most of the content fills the gap between what you get taught and the actual competencies needed to succeed in the dispute resolution group of any in-house corporate law department or progressive law firm.

Dispute resolution clauses in contracts are too often seen as boilerplate text, to be drawn from the most accessible precedent. This book corrects that fallacy. The first 20% is devoted to getting the dispute resolution clause right from a conflict avoidance and resolution standpoint, and the next 5% provide valuable hands-on guidance on negotiating agreements drawn from hard-knock experience. The rest is weaved around the core thread of outcome generation - getting any dispute that arises successfully resolved as painlessly and cost-effectively as possible. It has a strong problem solving, rather than process, orientation. What do you do when a dispute arrises and preferably before it escalates further? How to prepare for the worst? How to strive for the best way forward? How to get the other party to the negotiating table in the right frame of mind? Can you negotiate while retaining your leverage and projecting strength? How do you finding the right mediator? Navigating through arbitration, enforcement and the follow-through, and tons more.

Also, Arbitrators and Mediators will find in this book some seriously important aspects, to be ignored at peril, about how clients and the users of their services view their work and profession.

Readability and user-friendliness mark this book out as unique in the field. Numerous short boxed texts pepper the pages with things to watch out for, under the heading Not that this ever really happens... though of course anything can happen to the unwary and unprepared. The authors also pose frequent boxed questions touching on the very things that really do happen, and then provide a down-to-earth answer.

McIlwrath and Savage have presented us a tool that is unlikely to find its way onto a shelf. It's a desktop helpline. More accurately, its a lifeline. ... Read more

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This book analyzes the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law. The focus is on English law, EU law and common law measures, but there is also some comparative material built in. The book will be useful in particular to practicing lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specializing in private international law.

Written by an academic who is also a practicing barrister, this book gives in-depth coverage of how the instruments and principles ofprivate international law can be used for the resolution of cross-border or multi-jurisdictional disputes. It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox.

Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration. ... Read more

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Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety?of conflict resolution?situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices." ... Read more

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"...presents findings from the only major study on..." this topic. ... Read more

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This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation's risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation. Among the aspects discussed and analysed are the following:
- The emerging and significant new wave of global disputants;
- The need to resolve disputes on the basis of factors other than law;
- The increasing tendency of disputes to defy specific legal categories;
- Dispute prevention systems drawing on mediation principles, such as project management mediation, partnering, and alliancing;
- Mediation compared to others forms of dispute resolution;
- Referral to mediation;
- Mediation and multi-tiered dispute resolution (MDR) clauses;
- The duties of mediators, lawyers and parties;
- Confidentiality and its implications;
- Enforceability of mediated settlements;
- And the impact of mediation on legal rights and remedies.

While the book draws on examples from around the world, six primary jurisdictions (the United States, Australia, England, France, Germany, and Austria) are selected for several reasons, including comparison of legal traditions, significant volume of mediation-related case law, and the existence of mediation-related legislation and implementation requirements. Cross-border legal instruments examined include the European Directive on Mediation, UNCITRAL's Model Law on International Commercial Conciliation (MLICC), and the Uniform Mediation Act (UMA) in the United States. In the 21st century mediation is at the forefront of contemporary social and legal development and is finding a place in both physical dispute resolution forums and worldwide electronic-based communities. International and Comparative Mediation, with its deeply informed insights into emerging international trends and the diversity of mediation regulation applicable to international disputes, shows conflict management practitioners how to create a forum culturally acceptable to each specific group of participants, with a view to agreeing on appropriate norms for the regulation of future relationships. It will be welcomed by lawyers working in a wide range of cross-border practice. ... Read more

Customer Reviews (1)

Outstanding international analysis of legal issues in mediation
What marks this book out as exceptional, valuable, inspiring and even myth-busting is its contemporary focus on the legal and regulatory issues surrounding the practice of mediation - in civil and common law jurisdictions and also at a transnational level - and the engaging way it is written and presented.

Although mediation is often simplistically considered as a private, extra-judicial process, with not a lot of legal implications, Prof Alexander has pulled together a neatly sectioned commentary on the practical legal issues that mediation professionals and party representatives need to consider.Because the book is written by a practitioner/educator with extensive experience internationally, the pages are full of comparisons between countries and practices.Chapters include the relationship between law, regulation and mediation; mediator selection and referral to mediation; mediation clauses and agreements to mediate; the legal aspects of how mediators and parties conduct themselves; confidentiality; and various important post-mediation matters such as the enforceability of settlements.Two entire chapters are devoted to the UNCITRAL Model Law, including an insightful interview with Jernej Sekolec, the former Secretary of UNCITRAL.Appendix C contains a clever and succinct analysis of the adoption of the UNCITRAL Model Law by other countries on an article-by-article basis.The brevity of the comparative table belies the depth of information contained in these pages.

Finally, Appendix B is worthy of close examination by all practitioners selecting appropriate mediation rules for international dispute resolution clauses. Institutional rules from around the world are not merely reproduced here; they are compared according to topics such as confidentiality, admissibility of mediation evidence, enforceability of mediated outcome and so on.

Prof Alexander has a relaxed, short sentence style of presenting information and ideas, making the book equally relevant to lawyers and non-lawyers, and has not withheld her own thoughts on how things could be improved.This is a really important contribution to the development of mediation throughout the world. ... Read more

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This book contains examples of effective and ineffective trial techniques that are seldom, if ever,taught in law schools. These examples are real, not hypothetical, and have been compiled from theauthor's experiences as:• A Navy JAG lawyer for three years;• A trial lawyer in practice for thirty years; and• A federal courtroom deputy for almost tenyears. In this position, he was able to observeover eighty trials and contested hearings as aneutral observer and to discuss with jurorsat the conclusion of trials to learn what theyconsidered effective and ineffective trialtechniques.MR. BRUESS graduated cum laude from both the University of Minnesota (1959) and the Indiana University School of Law (1963). From 1961-1962, he was a member of the Indiana Law Journal and was a Note Editor during the 1962-1963 school year. Upon graduation from law school, he was selected for membership in the Order of the Coif. Following the completion of Officer CandidateSchool, Mr. Bruess served as a legal officer with the Judge Advocate General Corps of the United States Navy from 1964-1967. From 1967-1997, Mr. Bruess was a trial lawyer with Barnes & Thornburg in Indianapolis, Indiana. From 1999-2008, he served as a courtroom deputy for theHonorable David F. Hamilton of the United States District Court for the Southern District of Indiana. ... Read more

Customer Reviews (1)

Excellent Resource Tool!!
This is a must have in any library, whether it be for attorneys just starting out or for seasoned attorneys who want to refresh or revitalize their presence in the courtroom.This is a rare opportunity to look at trial practice through the eyes of both an attorney AND his experience as a courtroom deputy for a federal judge. Definitely worth the bucks!! ... Read more

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Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation. ... Read more