Books and Papers
Welcome to COMSGATEWAY library, a unique area of the website here for you to explore. COMSGATEWAY has identified the mediation related books below because they have added such value to the world of mediation and to our lives.
We love having the opportunity to share our passions and thoughts with other loyal readers. Each book title below has a link to read a preview on Google Books, to see a small synopsis and to find out more about the author by clicking on their name. Read on, and enjoy.
How to Master Commercial Mediation
Written by David Richbell and a team of specialist contributors. Ranked fifth in the top ten "Most Highly Regarded Commercial Mediators in the World" by Who's Who Legal 2014, David Richbell is one of the most well-respected mediators in the civil and commercial sector. He started mediating commercial cases in 1992 and has built up his reputation over the last 20 years. He is now one of the most experienced independent commercial mediators in Europe. David has led the Chartered Institute of Arbitrators (CIArb) Mediator Training Course for a number of years. He now leads the Mediator Training Course in partnership with RICS.
Mediation of Construction Disputes
David Richbell MCIArb managed his own quantity surveying practice for nearly 20 years and worked on engineering and construction projects. He is now one of the most experienced commercial mediators in Europe, having practiced since 1992. A former director of CEDR, he now leads the Chartered Institute of Arbitrators' mediator training course.
International Mediation: Breaking Business Deadlock
International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential 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 ready 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...
Setting up in Business as a Mediator
Stephen Walker is an independent mediator. He practises as a civil and commercial mediator and has conducted over 450 civil and commercial mediations. He has also undertaken specialised training in family and workplace mediation, advanced training with MATA and training to become dual certified in the USA through INADR.Stephen is a solicitor of the Supreme Court of England and Wales, a Fellow of the Chartered Institute of Arbitrators as well as a visiting lecturer in mediation at Kings College London and Oxford Brookes University. He is ranked in the top 40 UK mediators by both Chambers and Partners 2017 and Legal 500 2017and accredited by the IMI.
FAQs for Mediators
FAQs for Mediators provides the answers to 50 common ethical, practical and technical problems faced by mediators. It presents the key mediation practice points in an easy to use Questions and Answers format. All the questions have arisen out of actual mediations and cover a wide range of topics including:Impartiality - When you arrive at the mediation you suddenly realise that you know one of the parties/their lawyers. What do you do?Joint Opening Sessions - One side wants a Joint Opening Session the other doesn't. What do you do?Bad behavior - One party is secretly recording what is going on in the mediation. What do you do?Offers - Neither side will make an offer. They both say they want to hear from the other side first. What do you do?
Mediation is an art not a science. It is for conversations not forced conversions. A process for problems and possibilities. As a process, it can be taught, learned, and applied. It is a tool, one of many, for people to use or abuse at their pleasure, or in their ignorance, as they interact with others. It is international and universal, the product of at least three millennia of human refinement.
Like those who choose, or are required, to engage in it - mediation is diverse; it can be provided in a rainbow of formats and with every degree of (in)formality. Perversely, mediation is capable of being gallingly run yet finding glittering success; or of being brilliantly run whilst seemingly producing no tangible progress.
Butterworths Mediators on Mediations
Butterworths Mediators on Mediation brings you an outstanding collection of personal accounts from 20 UK and international commercial mediators. This book provides a fascinating insight into this powerful process and will enlighten and inspire mediators, legal practitioners, and all other professionals involved in the mediation process. Its unique coverage includes: frank and honest personal perspectives from leading mediators on their own experiences; enlightening advice from the experts on the various types of dispute they've encountered, and the different types of mediation available; mediation experiences from Asia, Europe and America - and what can be learned from commercial mediators working in other countries; and the issues and legal situations you are likely to face over the next few years - the mediations of the future.
Mediation Law and Civil Practice
"Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying "whole agreement" clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions."
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Conflict in the workplace is a perennial problem for organizations. Whether it's a disagreement between colleagues, a dispute with management or large-scale industrial action, conflict negatively affects both people and profits as employee morale and productivity fall.
Endorsed by the CIPD, Managing Conflict is an essential guide for HR professionals needing to tackle these problems by not only resolving current issues, but also preventing future instances of conflict. Going beyond interpersonal conflict, the book also looks at resolving board room disputes, disputes with shareholders, in the supply chain, commercial disputes and customer complaints.
Judging Civil Justice
The civil justice system supports social order and economic activity, but a number of factors over the last decade have created a situation in which the value of civil justice is being undermined and the civil courts are in a state of dilapidation. For the 2008 Hamlyn Lectures, Dame Hazel Genn discusses reforms to civil justice in England and around the world over the last decade in the context of escalating expenditure on criminal justice and vanishing civil trials. In critically assessing the claims and practice of mediation for civil disputes, she questions whether diverting cases out of the public courts and into private dispute resolution promotes access to justice, looks critically at the changed expectations of the judiciary in civil justice and points to the need for a better understanding of how judges 'do justice'.