Mediation Law and Practice

This book explains the philosophy behind mediation and the step-by-step process of mediation.

David Spencer (Author), Michael Brogan (Author)

9780521676946, Cambridge University Press

Paperback, published 22 January 2007

544 pages
22.8 x 15.2 x 3 cm, 0.768 kg

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.

Part I. The Practice of Mediation: 1. Mediation: its history and definition
2. How to mediate
3. The theory and philosophy of mediation
4. Specific types of mediation
5. Who is the mediator?
6. The ethics of mediation
Part II. The Law of Mediation: 7. Mandatory mediation
8. Confidentiality
9. Settlement agreements
10. Statutory schemes
11. Mediation clauses in contracts
12. The future of mediation.

Subject Areas: Family law [LNM], Arbitration, mediation & alternative dispute resolution [LNAC5]