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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

(p.3) Chapter 1 Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

Klaus J. Hopt

Felix Steffek

Oxford University Press

This chapter analyses the law and principles of mediation from a comparative perspective and develops regulatory models. The chapter commences with an overview of the development of mediation in the European Union and the wider world, followed by an explanation of the outline and approach of the book. Then an extensive functional comparison of the regulation of mediation in the 22 countries covered by the book is undertaken. In particular, comparison is made between the definition of mediation and models of regulation, the institutional integration of mediation in dispute resolution procedures and substantive law, the structure of the mediation procedure, specific fields of law and the professional law of mediators. Finally, there is a comparative analysis of empirical evidence, a critical evaluation of mediation law and a development of guidelines for regulating mediation.

Keywords:   mediation, regulatory models, dispute resolution, mediators, substantive law, institutional integration, mediation procedure, professional law

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