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Mediation Law and Practice
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Mediation Law and Practice
By
David Spencer, Michael Brogan
Description
Mediation Law and Practice gives a
thorough account of the practice of mediation from the perspective of
the student and practitioner. Divided into two parts, it deals with
both the practice of mediation and the law surrounding mediation.
Touching on the theory and philosophy behind the practice, it further
describes in a theoretical and practical sense the difference between
the emerging models of mediation. Mediator qualities are discussed in
terms of issues of gender, culture and power. This book examines the
important issue of mediation ethics and, taking into account the
developing law surrounding the practice, proposes a code of ethics.
It looks at the future of mediation in light of the decline in
litigation, the rise in regulatory constraints on mediation and the
popularity of online mediation. Mediation Law and Practice provides
students and practitioners with the complete text on the practice and
law surrounding mediation.
• A one-stop-shop type of text
that explains everything a reader needs to know about mediation •
The best account of the developing law surrounding the practice of
mediation • Comprehensive commentary supported by select
commentary and materials on each area discussed
Contents
Part I. The Practice of Mediation: 1.
Mediation: its history and definition; 2. How to mediate; 3. The
theory and philosophy of mediation; 4. Specific types of mediation;
5. Who is the mediator?; 6. The ethics of mediation; Part II. The Law
of Mediation: 7. Mandatory mediation; 8. Confidentiality; 9.
Settlement agreements; 10. Statutory schemes; 11. Mediation clauses
in contracts; 12. The future of mediation.
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