EAN: 9783319181349

NEW DEVELOPMENTS IN CIVIL AND COMMERCIAL MEDIAT...

By means of the analysis of more than 20 national jurisdictions of different legal and
geographical origin this book provides a general understanding of the developments that civil
and commercial mediation is currently undertaking across the world. The book combines 25
national reports with a General Report analyzing the major trends in civil and commercial
mediation worldwide. A number of the key variables that make mediation so effective are studied
in depth in the book. The concept of mediation  that varies from country to country. Its legal
framework and the branches of public and private law in which it is used. The legal condition
of the mediation agreement and its relevant conditions of form and content  the
responsibilities of the parties in the event that they violate this agreement and the effects
of this agreement on potential recourse to the courts or to arbitration  as well as with regard
to pending cases. As well as the role played by the mediator  his or her appointment or
designation  legal and ethical responsibilities  and the role of institutions in mediation. As
well as the mediation process  its applicable rules and principles and its costs are analyzed
on comparative basis. The book also pays special attention to the outcome of mediation. The
enforceability of the settlement reached both in domestic and cross-border mediations
constitutes a basic element for the success of the institution and is thoroughly studied. This
volume constitutes a unique instrument for those interested on mediation  either practitioners
judges or academics.

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