Mediation law and practice调解法及其实践

2007-2  

Cambridge Univ Pr  

Spencer, David/ Brogan, Michael  

520  

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.

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.

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

Mediation law and practice调解法及其实践 PDF格式下载