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Lawyers and Mediation
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.
Mediation in the Construction Industry
The application of construction dispute procedures has changed dramatically over the years. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It also presents an international collection of reviews by experts.
Alternative Dispute Resolution of Shareholder Disputes in Hong Kong
The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Court-Connected Construction Mediation Practice
The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
Spon's Architects' and Builders' Price
With tender prices rising slightly, looking at price lists is not enough – you need SPON’S ARCHITECTS’ AND BUILDERS’ PRICE BOOK 2011 to get a competitive edge. SPON’S ARCHITECTS’ AND BUILDERS’ PRICE BOOK, compiled by Davis Langdon, provides the most accurate, detailed and professionally relevant construction price information currently available for the UK. Its unique Tender Index, updated through the year, provides an ongoing reality check and adjustment for changing market conditions. This is the only price book which sets out a detailed cost base for major works contracts exceeding £3,500,000 in value, as well as minor works. Major changes have been made to this 136th editi...
The Fugitive Identity of Mediation
Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party interv...
Contemporary Issues in Mediation
Pt. 1. Mediation landscape -- pt. 2. Mediation and social justice -- pt. 3. Mediation skills.
Contemporary Issues In Mediation - Volume 8
This book will be the 8th volume of Contemporary Issues in Mediation (CIIM), a thought-leadership publication which compiles the top submissions from an annual mediation essay competition organised by the Singapore International Mediation Institute. This book is edited by Singapore's leading experts on mediation and negotiation, Professor Joel Lee and Marcus Lim. CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.CIIM is the only publication on the market which seeks to explore current theories and applications of mediation concepts and practices in detail. Presently, most publications adopt a descriptive approach when outlining the uses...
Young People's Voices in Physical Education and Youth Sport
How do children and young people experience and understand sport and physical activity? What value do they attach to physical education and physical literacy? This important new book attempts to engage more directly than ever before with the experiences of young people by placing the voices of the young people themselves at the centre of the discussion. As the need to listen to young people becomes increasingly enshrined in public policy and political debate, this book illuminates our understanding of an important aspect of the everyday lives of many young people. With contributions from leading researchers and educationalists from around the world, the book draws on a diverse range of metho...
The JCT 05 Standard Building Contract
The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.
