International mediation : breaking business deadlock / [Eileen Carroll QC (Hon), Dr Karl Mackie CBE] ; with a foreword by Sean McGovern, Chief Compliance Officer, XL Catlin and former General Counsel, Lloyd's of London.
2016
K2390 .C37 2016 (Map It)
Available at Cellar
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Items
Details
Author
Title
International mediation : breaking business deadlock / [Eileen Carroll QC (Hon), Dr Karl Mackie CBE] ; with a foreword by Sean McGovern, Chief Compliance Officer, XL Catlin and former General Counsel, Lloyd's of London.
Published
Haywards Heath, West Sussex : Bloomsbury Professional Limited, [2016]
Call Number
K2390 .C37 2016
Edition
Third edition.
ISBN
1784512451 (paperback)
9781784512453 (paperback)
9781784512453 (paperback)
Description
xvii, 258 pages : illustrations ; 24 cm
System Control No.
(OCoLC)959949047
Summary
"This title provides...a guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the reader may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations."-- Back cover.
Note
Revised edition of the authors' International mediation : the art of business diplomacy. 2nd edition c2006.
Bibliography, etc. Note
Includes bibliographical references (pages 249-251) and index.
Record Appears in
Added Author
Table of Contents
Preface
v
Foreword to third edition
vii
Foreword to second edition
ix
Foreword to first edition
xi
About the Authors
xiii
pt. 1
Mediating International Business Disputes: the Process, the Practice and the Potential
1
ch. 1
Potential for International Mediation in Business Conflict
3
Managers caught in the conflict web
3
lawyer route
5
Mediation: bridging the gap
6
ch. 2
Recent Growth of International Mediation
11
Creative lawyering
11
global economy
13
Culture and conflict
14
ch. 3
Breaking Deadlock: the Power of Mediation
17
Mediation power and benefits: overview
17
Mediation process benefits for negotiation
20
Mediation outcome benefits
31
ch. 4
Decision to Mediate -- How to Get Started
35
Selection of cases
35
Local variations: enthusiasm foe and compulsion to mediation
37
Guidelines to maximise potential use of mediation
44
How to get into mediation without losing face
45
Mediator selection: skills, personality, status
47
Building bridges
50
ch. 5
`Form and Flexibility' -- the Mediation Framework
51
Process framework
52
Venue for mediation
56
Time and duration
57
Participants -- `Decision makers are critical'
58
Mediation structure
61
economics of mediation
62
decision to mediate can therefore have dramatic implications for business
65
ch. 6
Preparing for Success in Mediation Negotiations
67
Three sources of agenda in preparation
68
four negotiation levers
70
Mediation preparation as a structured project
72
Personnel and action plan
79
Conclusion
84
ch. 7
Steps to Settlement: the Negotiating Dance
85
Six steps to mediation settlement
85
Pre-mediation
98
Mediation
99
ch. 8
Achieving and Implementing Mediation Settlements
101
settlement phase of the mediation process
101
ch. 9
Challenges and Alternatives to Mediation
107
Cultural and psychological barriers to mediation
107
Tactical avoidance of mediation
109
Unsuitable disputes
110
Weaving mediation into other approaches
114
ch. 10
Forging Leadership in International Mediation
119
Mediation in international business conflicts
119
Justice and regulatory systems
120
Legal professionals
122
business community
125
ch. 11
Diplomacy at the Heart of Business
127
Corporate governance/employment in the global market
129
Goods and services in the global market
130
Intellectual property in the global market
131
Contract clauses
132
International joint ventures/business alliances/mergers and acquisitions
133
Major project management and mediation
134
Regulators and public sector organisations in the global market
137
Infrastructure for global business diplomacy
137
pt. 2
Cases and materials in international mediation
139
Section 1
Cases
141
Section 2
CEDR Model ADR Contract Clauses for Commercial Contracts
187
Section 3
CEDR Model Mediation Procedure and Agreement (2016 Edition)
195
Section 4
UNCITRAL Model Law on International Commercial Conciliation (2002)
207
Section 5
Codes of Conduct for Mediators
213
Section 6
EU Directive on Cross-Border Mediation
221
Section 7
ADR and International Development
231
Section 8
Commission on Settlement in International Arbitration
235
Section 9
CEDR 21st Century Corporate ADR Pledge
247
Section 10
Further Reading
249