The Commercial Mediator's Handbook

ISBN-13: 9781138129788 / Angielski / Twarda / 2015 / 408 str.

Dr. Cyril Chern

Opis

Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: * In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari'ah law. * Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. * In-depth discussion of the ethical requirements relating to mediation and mediators. * Sample forms for use in commencing mediation. * In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. * General forms for use in complex international mediation, form agenda and mediation statements. * Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. * Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. * International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.

Spis treści

Chapter 1.   The Dispute Process - Why Settle?  Chapter 2. Why Mediate – It Is an Old Story  Chapter 3. Why Mediate – Today  Chapter 4. The Development of Contemporary Mediation Worldwide  Chapter 5.  The Process  Chapter 6.  Interests and Negotiation  Chapter 7.  Conducting a Mediation Session  Chapter 8.  Preventing Settlement Remorse in Mediation  Chapter 9.   Mediation Party Forms, Questionnaire, and Documents  Chapter 10.  The Mediator’s Pre-Mediation Information and Dispute Management  Chapter 11.   Structured Mediation Boards – Forms and Documents  Chapter 12.  What Does the Mediator Do  Chapter 13.  Mediator Control and Payment  Chapter 14.  Mediation Commencement and Other Issues  Chapter 15.  Finding the Truth  Chapter 16.  Mediation Styles   Chapter 17.  Commercial Mediation Techniques  Chapter 18.  Procedures, Proceedings and Check Lists  Chapter 19.  Reaching Agreement  Chapter 20.  Mediator Ethics  Chapter 21.  Special Forms and Agreements  Chapter 22.  Legal Issues in Mediation  Chapter 23.  Additional Mediation Forms and Agreements  Chapter 24. Representing Parties In Mediation  Chapter 25.  Advanced Techniques

O autorze

Dr Cyril Chern is a Barrister practising at Crown Office Chambers, London. Additionally he is a Chartered Architect, Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator, Accredited Mediator and Adjudicator and holds the degrees of BArch (Honours) in Architecture & Engineering and Juris Doctor. He has practised since 1972 specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally.