Mediation law and practice调解法及其实践
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作者： David Spencer， Michael Brogan著
出 版 社：
出版时间： 2007-2-1字数：版次： 1页数： 520印刷时间： 2007/02/01开本： 16开印次： 1纸张： 胶版纸I S B N ： 9780521676946包装： 平装内容简介
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.
作者简介
David Spencer is a Solicitor of the Supreme Court of NSW and the High Court of Australia as well as being Senior Lecturer in the Division of Law at Macquarie University.
目录
Acknowledgements
Preface
List of tables and figures
Table of statutes
Table of cases
PART Ⅰ THE PRACTICE OF MEDIATION
1 Mediation: Its Definition and History
Introduction
Defining mediation
Mediation and negotiation
Negotiation defined
Adversarial negotiation
Principled negotiation
Mediation compared to negotiation
The link between mediation and negotiation
A brief history of mediation and ADR
Influential bodies
Professional or peak bodies
Institute of Arbitrators and Mediators Australia (lAMA)
Australian Commercial Disputes Centre Limited (ACDC)
National Alternative Dispute Resolution Advisory Council (NADRAC)
Law societies and bar associations
Leading Edge Association of Dispute Resolvers (LEADR)
Community justice centres
Victorian Association for Dispute Resolution (VADR)
University research groups
Bond University
La Trobe University
University of Queensland
University of South Australia
University of Sydney
2 The Mediation Process
Introduction
Intake procedures
The classical model
The practical steps of the classical model
Preparing for the mediation
The opening statement
The parties' opening statements
Identifying issues and interests
Identifying common ground
Identifying options for early agreement
Separate sessions
Final joint meeting
Writing up the settlement
Communication and associated problems
Co-mediation
Checklists and sample agreement
3The Theory and Philosophy of Mediation
Introduction
The form and function of mediation
The five philosophies of mediation
Confidentiality
Voluntariness
Empowerment
Neutrality
A unique solution
Models of mediation
The facilitative model versus the evaluative model
Transformative mediation
The effectiveness and appropriateness of mediation
When is mediation more likely to be effective and appropriate?
When is mediation more likely to be ineffective and inappropriate?
The weaknesses of mediation
4Specific Types of Mediation
Introduction
Commercial mediation
Family mediation
Community mediation
Building and construction mediation
Health care mediation
Victim-offender mediation
Foundations
Theory
Australian practice
The model
5The Mediator
Introduction
Mediator qualities
The mediator's role
Quality control
……
PARTⅡ THE LAW OF MEDIATION
Bibliography
Index
