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Overview
Meditation Law and Practice is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution. It draws on a rich stock of source materials to explain the philosophy underlying mediation, describe the step-by-step processes involved in its practical application and consider the developing law of mediation. The book is divided into two parts. The first part focuses on what mediation is and how to run it. Touching on the theory and philosophy of mediation, it describes the differences between the emerging models of mediation, discusses the qualities required of a mediator and considers significant issues of gender, culture and power. Finally, this part looks at the importance of ethics and those matters that may be included in a code of ethics for mediators.The second part of the book deals with the developing common and statute law surrounding the practice of mediation. Separate chapters cover mandatory mediation, confidentiality and the enforcement of mediated settlement agreements. There is detailed discussion of statutory schemes, as well as the state's role in mediation. Consideration of mediation clauses - increasingly frequent in contracts today - leads to further discussion of the potential liability of mediators in tort and contract as well as professional responsibility for lawyers acting as mediators. The final chapter looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints and the growing popularity of online mediation. Providing comprehensive analysis supported by select commentary and materials, Mediation Law and Practice offers fresh perspectives on the practice of mediationfor both the student and the experienced practioner.
About the Author:
David Spencer is Senior Lecturer in the Department of Law at Macquarie University
About the Author:
Michael Brogan is Senior Lecturer in the School of Law and University Teaching Fellow at the University of Western Sydney