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.

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. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

“Incontrovertibly the most important book on mediation published in English in recent years (possibly EVER?)” Hew Dundas, Former President of the Chartered Institute of Arbitrators “Great attention to detail, bringing together a life time experience! I will certainly be recommending it to people in Ireland who come on my training courses.” Geoffrey Corry, Mediator and Trainer “Put simply, it is a masterpiece.” John Sturrock, Core Solutions Group David Richbell is ranked fifth, internationally, in the top ten “Most Highly Regarded Commercial Mediators" by Who's Who Legal 2014 How to Master Commercial Mediation guides commercial mediators through every stage of their development, from novice to the aspirational standards of the master mediator. Moulding, maturing and mastering Split into three sections, this new title covers the essential skills and processes of effective commercial mediation for three levels of competence: Moulding for novices; Maturing for practising mediators and; Mastering for those who are at the top and wish to maintain their excellence. Section one covers basic skills and process. It includes a case study that covers each phase of a typical mediation, and also covers typical challenges that may be encountered. Section two builds on these basic skills and covers psychology in mediation, specialist sectors, ethics and intercultural mediation. Section three looks at the personal and external development needed for mediators to become experts in their field. It includes contributions from mediators in every European jurisdiction describing the state of mediation in a particular jurisdiction and its place within that respective legal system as well as discussing further intercultural skills. It also looks at skills beyond mediation that can be used to help in dispute resolution. Written by an experienced commercial mediator with specialist contributions from other renowned mediators How to Master Commercial Mediation is filled with expert, practical advice and tips. It also includes bullet point summaries, checklists, scripts of actual commercial mediations together with questions and answers.

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.