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Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Lost Childhoods focuses on the life-course histories of thirty young men serving time in the Pennsylvania adult prison system for crimes they committed when they were minors. The narratives of these young men, their friends, and relatives reveal the invisible yet deep-seated connection between the childhood traumas they suffered and the violent criminal behavior they committed during adolescence. By living through domestic violence, poverty, the crack epidemic, and other circumstances, these men were forced to grow up fast all while familial ties that should have sustained them were broken at each turn. The book goes on to connect large-scale social policy decisions and their effects on family dynamics and demonstrates the limits of punitive justice.
You've tried everything! Now are you ready to learn how to live pain free? Dealing with pain can be distressing and depressing but now is the time for you to take charge! This book is full of practical information and resources to help anyone who is suffering from back and neck pain, headaches, muscle and joint pain, sports injuries, stress etc. For those of you not in pain now, but have been in the past and definitely don't want it back again - this book is also for you! At the age of 22, international author and natural therapist Suzanne McTier-Browne was diagnosed with fast progressing MS and given less than a year to live. In excruciating pain and with her mobility quickly deteriorating,...
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism work...
Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.