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Author: Council of Europe Publisher: Council of Europe ISBN: 9789287142573 Category : Political Science Languages : en Pages : 184
Book Description
The conference brought together over 350 people with a professional interest in family mediation. The Council of Europe recommendation R 98 (1) encourages member states to introduce, promote and strengthen family mediation as an appropriate process for the resolution of family disputes, particularly those involving children in marital separation and divorce. The Conference proposed increasing promotion of mediation; assistance for cross-border mediation, training and accreditation of family mediators; assisting states to adopt family law practices that reduce family disputes.
Author: Council of Europe Publisher: Council of Europe ISBN: 9789287142573 Category : Political Science Languages : en Pages : 184
Book Description
The conference brought together over 350 people with a professional interest in family mediation. The Council of Europe recommendation R 98 (1) encourages member states to introduce, promote and strengthen family mediation as an appropriate process for the resolution of family disputes, particularly those involving children in marital separation and divorce. The Conference proposed increasing promotion of mediation; assistance for cross-border mediation, training and accreditation of family mediators; assisting states to adopt family law practices that reduce family disputes.
Author: Christoph C. Paul Publisher: Wolfgang Metzner Verlag ISBN: 396117136X Category : Law Languages : en Pages : 482
Book Description
Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediation mit Gerichtsverfahren in Kindesentführungsfällen Leitlinien für die grenzüberschreitende Vollstreckbarkeit von im Mediationsverfahren geschlossenen Familienvereinbarungen Ansätze und bewährte Praktiken für die Mediation in Fällen mit (muslimischen) Ländern, die nicht dem Haager Übereinkommen angehören Informationen zur Einbeziehung der Stimme des Kindes in die Mediation, Online-Mediation, Zweisprachigkeit in der grenzüberschreitenden Mediation praktische Informationen und Ressourcen wie z.B. Fallstudien, Muster für Mediationsvereinbarungen und Gerichtsbeschlüsse, eine Vorlage für eine Gerichtsstandsvereinbarung, Checklisten, Links wichtiger Ansprechpartner und Texte der anwendbaren internationalen Rechtsinstrumente The 3rd updated and expanded edition of this reference book is indispensable reading for experienced family mediators and all other professionals involved in cross-border family conflicts and child abduction cases. A diverse range of contributions from leading international experts in the field make this an invaluable resource covering: an overview of the relevant international legal framework for such cases insight into the specific characteristics of cross-border family cases, the methodologies, mediation models and tools employed information on coordinating mediation with court proceedings in child abduction cases guidance on the cross-border enforceability of mediated family agreements family law trends and mediation in cases with non-Hague Convention (Muslim) countries the voice of the child, mediating online, bilingualism in mediation practical information and resources, such as case studies, sample mediation agreements and court orders, a template of a choice of court agreement, checklists, important contacts and applicable legal texts
Author: Lenka Holá Publisher: Kluwer Law International B.V. ISBN: 9403542926 Category : Law Languages : en Pages : 325
Book Description
Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.
Author: Carlos Esplugues Mota Publisher: ISBN: 9781780682495 Category : Civil law Languages : en Pages : 0
Book Description
Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Author: Katharina Boele-Woelki Publisher: European Family Law ISBN: 9781780688176 Category : Domestic relations Languages : en Pages : 0
Book Description
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.
Author: Nadja Alexander Publisher: Kluwer Law International B.V. ISBN: 9041158677 Category : Law Languages : en Pages : 842
Book Description
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
Author: Marian Roberts Publisher: Ashgate Publishing, Ltd. ISBN: 1409491331 Category : Social Science Languages : en Pages : 293
Book Description
This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Author: Marian Roberts Publisher: Bloomsbury Publishing ISBN: 1526505436 Category : Law Languages : en Pages : 363
Book Description
The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.
Author: Council of Europe
Author: Council of Europe
Author: Christoph C. Paul
Author: Council of Europe. Committee of Ministers
Author: Lenka Holá
Author: Carlos Esplugues Mota
Author: Katharina Boele-Woelki
Author: Nadja Alexander
Author: 
Author: Marian Roberts
Author: Marian Roberts