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Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Print Price: $304.50

Format:
Hardback
1000 pp.
156 mm x 234 mm

ISBN-13:
9780199653485

Publication date:
December 2012

Imprint: OUP UK


Mediation

Principles and Regulation in Comparative Perspective

Edited by Klaus J. Hopt and Felix Steffek

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury.

The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level.

The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe receives is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA.

Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Readership : Suitable for academics and scholars of mediation; practitioners working on cases that involve mediation, especially cross-border cases.

1. Klaus J. Hopt, Felix Steffek: Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues
2. Nadja Alexander: Mediation: Regulatory Harmonisation and International Private Law
3. Rainer Kulms: Privatising Civil Justice
The EU
4. Markus Roth: Austria
5. Christa Jessel-Holst: Bulgaria
6. Jens Scherpe, Bevan Marten: England
7. Katrin Deckert: France
8. Peter Tochtermann: Germany
9. Nikolaos K. Klamaris: Greece
10. Christa Jessel-Holst: Hungary
11. Reinhard Ellger: Ireland
12. Guiseppe de Palo: Italy
13. Liane Schmiedel: Netherlands
14. Anneken Kari Sperr: Norway
15. Lukasz Rozdeiczer, Rafal Morek: Poland
16. Jan Schmidt: Portugal
17. María Luisa Villamarín López: Spain
The Wider World
18. Ulrich Magnus: Australia
19. Reinhard Ellger: Canada
20. Benjamin Pissler: China
21. Harald Baum: Japan
22. Heyo Berg: New Zealand
23. Dmitry Davydenko: Russia
24. Christoph Kumpan, Cathrin Bauer-Bulst: Switzerland
25. Rainer Kulms: The United States
Annex

There are no Instructor/Student Resources available at this time.

Klaus J. Hopt is Director emeritus at the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor emeritus at the University of Hamburg. Felix Steffek is Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg.

Making Sense - Margot Northey and Joan McKibbin
EU Mediation Law and Practice - Edited by Giuseppe De Palo and Mary B. Trevor

Special Features

  • Presents the most comprehensive comparative analysis available of mediation law, policy, and practice in Europe and throughout the world.
  • Assesses the European Directive on Mediation, which has given the practice new momentum in Europe by establishing a common framework for cross-border mediation.
  • Analyses current reform movements in countries beyond Europe, such as China and Russia.