New Developments in Civil and Commercial Mediation

Global Comparative Perspectives

  • Carlos Esplugues
  • Louis Marquis

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 6)

Table of contents

  1. Front Matter
    Pages i-xxxii
  2. Piet Taelman, Stefaan Voet
    Pages 89-112
  3. Petri Taivalkoski, Annika Pynnä
    Pages 275-289
  4. Georgios Diamantopoulos, Vassiliki Koumpli
    Pages 313-343
  5. Alessandra De Luca
    Pages 345-365
  6. Jalal El-Ahdab, Myriam Eid
    Pages 433-443

About this book

Introduction

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.

Keywords

Civil and commmercial mediation Cost-effective instrument to solver their disputes Cross-Border Mediation Developments in Civil and Commercial Mediation Domestic mediation Enforcement of the settlement Global Comparative Perspectives Legal analysis of mediation Legal approach to mediation Mediation schemes in the law Role played by the mediator

Editors and affiliations

  • Carlos Esplugues
    • 1
  • Louis Marquis
    • 2
  1. 1.Department of International LawUniversity of ValenciaValenciaSpain
  2. 2.École de Technologie SupérieureMontrealCanada

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-18135-6
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-18134-9
  • Online ISBN 978-3-319-18135-6
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • About this book