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Drawing on the experience of more than 175 mediators from across the spectrum of mediation practice and among different geographic regions, such as the U.S., Australia, Europe, Israel, and Canada, this book presents the best practices for mediators to emulate.
This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of schola...
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.
Over the past forty years, the approach to legal disputes in England and Wales has experienced some important changes. In many instances, mediation, with its objective of resolving disputes, is favoured over the traditional and adversarial procedure of litigation. Intriguingly, the perspectives of mediators on the practice of family mediation are relatively unexplored territory. This book with its focus on family mediation seeks to reduce this gap by supplementing the existing literature. It will put forward the family mediators’ opinions and my recommendations on how family mediation can be improved from the perspective of models. It aims to contribute, through the practitioners’ lens, ...
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