Product Description
The Arbitration Law Reports and Review series makes full texts of English arbitration cases available in a single publication on an annual basis. Each volume includes a comprehensive collection of judgments for the relevant year, supported by keywords, headnotes, a subject index and the Editor's analytical and comparative review which looks at developments during the year and groups cases together under thematic headings. The 2003 volume of Arbitration Law Reports and Review is the first to be published, bringing together cases decided in the calendar year 2003. ... Read more

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In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters.

The unique value of the book for practitioners resides in (among other things) the following:

• coverage of both common law and civil law jurisdictions;

• attention to the diversity of legal cultures and systems on four continents;

• a richer analysis of mediation models, standards, laws and practices than is available in other publications; and

• a much wider spectrum of mediation laws and approaches worldwide than is traditional in comparative studies.

A comprehensive introductory chapter establishes an international comparative framework for an analysis of the national chapters that follow, synthesising the main themes of the book and analysing global and systemic trends.

"Global Trends is a book which provides a comprehensive overview of mediation in 14 jurisdictions.........As well as being a wonderful resource, it provides a context for valuing and challenging the familiar mediation systems of home, wherever that may be."

"Global Trends in Mediation is a book which contributes significantly to the emergence of a 'collective consciousness' of mediation while enabling a glocalisation of the mediation movement: 'think globally, act locally. It is a book to be re-read for new information, nuances and inspiration as each topical issue arises."

Margaret Halsmith in ADR Bulletin February 2007 (Vol 9 Number 5)

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In this highly informative and very useful book, thirty-three local experts describe the ongoing process of adopting and adapting modern techniques of dispute resolution for economic and commercial matters in Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, Turkey, and the West Bank and Gaza Strip. Each chapter illustrates multiple techniques, including court processes as well as arbitration and mediation processes, against the backdrop of economic and legislative changes that have occurred region-wide since the late twentieth century.

The country-by-country presentations are especially valuable for their emphasis on how local ADR practices deal with, or are affected by, such factors as the following:

• civil procedure codes

• international conventions

• international enforcement of awards

• appeals

• qualifications of arbitrators and mediators

• rules of local, regional, and international ADR institutions

• costs

• involvement of the judiciary

• cultural aspects

• regional and international trade agreements

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In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR and particularly the recent development of mediated third party intervention from an art to a veritable science must come into play.

The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following:
illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work;
discusses who should become involved in conflicts as a third party and by which techniques this should occur;
systematically conveys the nature and consequences of intervention through mediation, focusing on the method s critical challenges; and
clarifies the particular model of international mediation under development through UN initiatives..In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and in accordance with the changing parameters of international law even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication.

It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace. ... Read more

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Recipient of 2004 Book Award of the CPR Institute for Dispute Resolution.

Surprisingly little has been written on how to represent clients in mediation as a problem-solving forum. In this groundbreaking book, Hal Abramson offers a bold, new methodology for problem-solving advocacy—the skills that lawyers are most likely to need in their legal practice.

During mediation, Abramson says, you should negotiate using a creative problem-solving approach to achieve the two goals of meeting your client’s interests and overcoming any impediments to settlement. Your negotiation strategy should take specific advantage of the presence of a mediator at each of the six key junctures in the mediation process.

This mediation formula, Abramson points out, provides a framework for answering such persistent mediation representation questions as: What types of cases are suitable for mediation? How do you approach the other attorney about using mediation without looking weak or desperate? How do you prepare your case and client for mediation?

Abramson begins by discussing how to be an effective negotiator. Mediation, he reminds us, is simply a continuation of the ongoing negotiation. He then explores the mediation process from the vantage point of an advocate, focusing on the different stages of mediation, the function of opening statements, the use of joint sessions and caucuses, and the various approaches and techniques of mediators. The next five chapters cover the knowledge and skills needed to effectively perform four specific roles in mediation representation: advising your clients about the mediation option, negotiating an agreement to mediate with other attorneys, preparing cases and clients for the mediation session, and appearing in the pre-mediation conferences, mediation sessions, and post-sessions. The final chapter presents alternative processes for resolving any remaining issues in the event that the mediation does not result in settling all the issues.

The book is filled with handy checklists and appendices including samples of a briefing paper, opening statements, agreements to mediate, a confidentiality agreement, mediation rules, and a detailed explanation of how to use decision trees. ... Read more

Product Description

The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts.

These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies.

This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

Product Description
Strategies for Successful Mediation is an authoritative, insider's perspective on utilizing mediation strategies to successfully resolve disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts walk the reader through the process of preparing for mediation, from selecting a mediator and preparing a mediation statement to coming to a mutually agreeable resolution. Discussing the key considerations for any attorney as they prepare for mediation, the authors build a step-by-step checklist for mediation proceedings, including how to overcome an impasse or deadlock, prevent a party from backing out of the agreement, and redirect a client's irrational expectations. Additionally, these leaders reveal the qualities necessary for mediators as well as for attorneys overseeing clients in mediation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the strategies for success within this rapidly growing area of law.

Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.

Chapters Include:

1. Peter D. Baird, Partner, Lewis and Roca LLP - "Mediation 101"

2. Jon G. March, Member, Miller Johnson - "A Detailed Look at the Mediation Process"

3. Jeffrey P. Aiken, Shareholder, Whyte Hirschboeck Dudek SC - "Developing Commercial Mediation Best Practices: Probability Analysis and More"

4. Bruce J. Berman, Partner, McDermott Will & Emery LLP - "Getting the Most out of Mediation"

5. Dennis O. Brown, Partner, Edwards Angell Palmer & Dodge LLP - "Traditional ADR is the Silent Majority and the Current Mainstream of Dispute Resolution"

6. J. Brian Jackson, Partner, McGuireWoods LLP - "Managing the Adversarial Process with Mediation"

7. Paul A. Banker, Attorney, Lindquist & Vennum PLLP - "Mediation is Communication"

8. Frederick S. Gold, Partner, Shipman & Goodwin LLP - "Mediating Business Disputes in the Midst of Litigation: The Art of a Facilitated Settlement"

9. John R. Burns, Partner, Baker & Daniels LLP - "Mediation: The Best, Last Chance to Control Your Destiny"

Appendices Include:
Appendix A: Mediation Letter to Counsel
Appendix B: Memorandum of Settlement
Appendix C: Memorandum of Settlement
Appendix D: Mediation Agreement
Appendix E: Compendium of Mediation Statutes and District Court Rules
Appendix F: Claim Evaluation Form
Appendix G: Mediation Conference Outline
Appendix H: Key Related Regulations
Appendix I: U.S. Department of Justice Bureau of Justice Statistics Bulletin Regarding Civil Trial Cases and Verdicts in Large Counties
Appendix J: U.S. Department of Justice Bureau of Justice Statistics Bulletin Regarding Appeals from General Civil Trial Cases in Forty-Six Large Counties
Appendix K: Third Circuit Local Appellate Rule 33
Appendix L: Excerpt from Second Circuit Handbook
Appendix M: Federal Rules of Appellate Procedure, Rule 33
Appendix N: Second Circuit Civil Appeals Management Plan ... Read more

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The author, Professor Kimberlee K. Kovach of South Texas College of Law, has been active I training and teaching mediation as well as other ADR processes for over fifteen years.Her book integrates the theory, law and practice of mediation into one work.It also examines the historical, legal and ethical parameters of mediation.The textbook includes exercises, questions and problems for simulations.The book can be used as a coursebook in a more traditional course on mediation, as the basis for a skills based course, or as the text for a clinical course.

After a general overview, the chapters are divided so that each one introduces a distinct stage in the mediation process, which the student can dissect and master.Upon putting the process together, a number of contemporary issues facing mediation are examined.The chapters are designed so that each instuctor may determine the specific order of assignment. ... Read more

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In its journey towards establishing uniformity, FIFA created a Dispute Resolution Chamber (DRC) in 2001 to resolve disputes regarding the international status and transfer of players. During the years 2002–2006, exactly 597 decisions of the DRC were published on the website of FIFA. In this book all the relevant decisions of the DRC during that period are analysed and classified into different categories. After a discussion of the most relevant judicial aspects in relation to the DRC, the different categories of disputes, amongst others the termination of the employment contract, the amount of compensation and the sporting sanctions, are discussed in depth. This book can serve as a practical work of reference by all persons working in the field of international football, such as sports lawyers and sports advisers, and also by students, researchers, players, clubs and national associations. ... Read more

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Topics Include:Mediation, Arbitration and LitigationSuitability of Dispute for MediationWhy Mediation Works or FailsHow to Propose MediationMediator Styles, Strategies and TechniquesHow to Select a MediatorRole of Client in MediationMediation Forms and AgreementsCorporate and Law Firm ADR StrategiesPractice Tips for Effective Mediation Advocacy ... Read more

Product Description
Although there is intellectual property protection in China,many companies, wary of China's much-publicized reputation forcounterfeiting and piracy, fail to enter the largest developing marketin the world because of an excess of caution. By detailing protectionprocedures that work, this very practical handbook opens the door to asecure presence in the Chinese marketplace. Chinese Intellectual Property Law and Practice covers every stepa company's counsel or patent agent needs to take, from registrationof rights to invoking the effective enforcement methods now in placeunder Chinese law, in order to ensure effective protection ofcopyrights, patents, trademarks, trade names, trade secrets, andlicensing arrangements in China. Written by a panel of active Chinesetrade authorities -- including practicing lawyers, academicspecialists, and even a private investigator -- the book showshow to:+ transfer intellectual property wheninvesting in China+ license products and services successfully inChina+ challenge unfair trade activities successfully via the USInternational Trade Commission and other non-Chinese authorities + use Chinese media and communications to undermine piracy andfoster good will+ secure strong judicial enforcement againstcopyright infringement+ combat creative theft of IP rights,especially on the Internet+ evaluate the efficacy of a factoryraid. Also included are numerous case studies from specific industries(including software, sporting goods, publishing, and luxury goods), amodel contract, a bibliography, and a list of web sites. ... Read more

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The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries.

This book, written by distinguished arbitration practitioners, is a must for every international arbitration practitioner. The authors have compiled decisions applying the Model Law from most Model Law jurisdictions, and they have organized them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions.

Features: The work compiles decisions applying the Model Law from various Model Law jurisdictions.Cases are organized by section of the Model Law with the cases applying that section from multiple jurisdictions, summarized together.

Benefits:

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The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance.

This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.'  This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.

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Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology) have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension.

This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts.In terms of private international law, English law traditionally treated consumer contracts no differently from commercial contracts. However, at European level, jurisdictional and choice of law issues arising out of certain consumer contracts are subject to specific rules. The first part of the book focuses on these European developments and seeks to explain why the private litigation model for the resolution of disputes arising out of cross-border consumer contracts has failed to deal adequately with the problems generated by such contracts. Subsequent to these failures, alternative mechanisms for resolving contractual disputes have a particular significance in the consumer context.The second part of the book focuses on an evaluation of these alternative dispute resolution mechanisms, including online dispute resolution. ... Read more

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Arguing that the 80 year-old Federal Arbitration Act badly needs major changes, the authors, who have previously written major articles on arbitration law and policy, set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical---to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors. ... Read more

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Co-published by Oxford University Press and the International Law Institute, and prepared in close cooperation with the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases.All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars.In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. ... Read more

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This unique and practical resource shows what mediation is, the rationale behind it and how it differs from litigation. It explains every aspect of the mediation process and provides practical tips and useful case studies, clearly setting out all the do's and don'ts of mediation. ... Read more