Mediation law and practice调解法及其实践

内容概要

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.

书籍目录

AcknowledgementsPrefaceList of tables and figuresTable of statutesTable of casesPART 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　3　The 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　4　Specific 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　5　The Mediator　　Introduction　　Mediator qualities  　　The mediator's role   　 　Quality control　　　　……PARTⅡ THE LAW OF MEDIATIONBibliographyIndex

作者简介

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.

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