Released on 2014-09-19Categories Law

The Commercial Mediator's Handbook

The Commercial Mediator's Handbook

Author: Cyril Chern

Publisher: CRC Press

ISBN: 9781317663461

Category: Law

Page: 408

View: 385

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.
Released on 2022-08-11Categories Law

The Singapore Convention on Mediation

The Singapore Convention on Mediation

Author: Nadja Alexander

Publisher: Kluwer Law International B.V.

ISBN: 9789403528236

Category: Law

Page: 432

View: 709

The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Released on 2020-01-06Categories

The Mechanics Mediator

The Mechanics Mediator

Author: Christopher William Smithmyer

Publisher:

ISBN: 1652871446

Category:

Page: 308

View: 871

This book is an engaging exploration of how employees and owners can use conflict management methods in building rapport with customers. Dr. Smithmyer walks the reader through the world of conflict management in the business space, explicitly dealing with engaging customers, dealing with customer problems, and ensuring that all parties in the supply chain are working toward your business success. Dr. Smithmyer worked in Plumbing and Heating for ten years before completing his college degrees and is intimately familiar with the issues that come up in the skilled trades. Dr. Smithmyer designed this book to be read by a working person, a manager, or an executive- basically, anyone who is interested in the business's success with customers.This book is expansive in its applicability, being able to be used across the skilled trades, the customer service industry, and within the executive suite. While it is toned towards the skilled trades, the language and examples are things that anyone who deals with people will be see as everyday occurrences. This book is a book that can enhance your entire team, giving a valuable soft skill that is in so much demand during the "cancel culture" we are living within today.