International and Comparative Mediation: Legal Perspectives

by Nadja Alexander

Overview

In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation - for decades hovering at the edge of dispute resolution practice - is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation's many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality.

Product Details

ISBN-13:	9789041132246
Publisher:	Wolters Kluwer
Publication date:	11/19/2009
Pages:	536
Product dimensions:	6.40(w) x 9.70(h) x 1.40(d)

Table of Contents

1. International and Comparative Mediation: Definitions and Developments.

2. Law in the Mediation Equation.

3. Pre-mediation I: Selection and Referral.

4. Pre-mediation II: Mediation Clauses and Agreements to Arbitrate.

5. Conduct of Mediators and Participants.

6. Confidentiality.

7. Post-mediation Issues.

8. UNCITRAL and International Mediation.

9. The UNCITRAL Model Law on Conciliation.

10. Appendix A: Model Clauses and Agreements.

11. Appendix B: Comparative Table of International Mediation Rules.

12. Appendix C: Comparative Table of Laws Adopting the UNCITRAL Model Law on International Commercial Conciliation.