Mediation: Principles and Regulation in Comparative Perspective

ISBN-13: 9780199653485 / Angielski / Twarda / 2013 / 1000 str.

Klaus J. Hopt; Felix Steffek

Opis

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury.
The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level.
The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe receives is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA.
Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Recenzje

The book is a landmark scholarly contribution to the study of comparative mediation ... The volume edited by Hopt and Steffek adds great value to the existing body of literature on comparative mediation and provides concrete ideas for advancing the cause of promoting mediation on the global stage. The perceptive views on the principles and regulation of mediation and the empirical data provided in the book are a precious resource for legal academics and practitioners alike.

O autorze

Klaus J. Hopt is Director emeritus at the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor emeritus at the University of Hamburg. Felix Steffek is Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg.