Confidentiality in the Model Law and the European Mediation Directive

A comparison of solutions offered in the Mediation Directive and the Model Law on Conciliation with examination of the actual situation in selected Civil and Common Law Countries

Nonfiction, Reference & Language, Law, Civil Procedure
Cover of the book Confidentiality in the Model Law and the European Mediation Directive by Eva-Maria Henke, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Eva-Maria Henke ISBN: 9783640947577
Publisher: GRIN Publishing Publication: June 30, 2011
Imprint: GRIN Publishing Language: English
Author: Eva-Maria Henke
ISBN: 9783640947577
Publisher: GRIN Publishing
Publication: June 30, 2011
Imprint: GRIN Publishing
Language: English

Master's Thesis from the year 2009 in the subject Law - Civil Action / Lawsuit Law, grade: 1,5, Stellenbosch Universitiy (Departement of Mercantile Law), course: LL.M. International Trade Law, language: English, abstract: Since international trade and commerce as well as cross-border transactions have grown rapidly the need for effective dispute resolution systems has significantly increased. Alternative Dispute Resolution (ADR) like Mediation and Conciliation serve as an alternative procedures to litigation and can be characterised as dispute resolution based on the consent of the parties. Besides being more cost-effective procedures than litigation Mediation and conciliation offer the opportunity of a settlement truly agreed upon by the parties. To secure a situation where both parties are able and willing to speak frankly over the issues in dispute, confidentiality is a key feature of mediation. This research paper evaluates how confidentiality in mediation is dealt with in different legal systems and whether improvements may be provided by implementation of the Directive on certain aspects of Mediation in Civil and Commercial Matters (hereafter 'the Directive') and the UNCITRAL Model Law on International Commercial Conciliation (2002) (hereafter 'the Model Law'). After an explanation of the relevant definitions of mediation and confidentiality, confidentiality rules established in typical Common - Law and Civil - Law systems are examined. Exploring the legal basis of confidentiality rules and their exceptions, special reference is made to existing gaps in the rules which cause problems in practice. Afterwards the aims, scope of application and the confidentiality provisions of the Directive as well as existing gaps and challenging matters concerning the Directive and its implementation into national law will be focused upon. Subsequently the Model Law will be considered concerning the same issues as the discussion on the Directive. A final comparison of the results will lead to suggestions as to how mediation rules should deal with confidentiality issues comprehensively.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Master's Thesis from the year 2009 in the subject Law - Civil Action / Lawsuit Law, grade: 1,5, Stellenbosch Universitiy (Departement of Mercantile Law), course: LL.M. International Trade Law, language: English, abstract: Since international trade and commerce as well as cross-border transactions have grown rapidly the need for effective dispute resolution systems has significantly increased. Alternative Dispute Resolution (ADR) like Mediation and Conciliation serve as an alternative procedures to litigation and can be characterised as dispute resolution based on the consent of the parties. Besides being more cost-effective procedures than litigation Mediation and conciliation offer the opportunity of a settlement truly agreed upon by the parties. To secure a situation where both parties are able and willing to speak frankly over the issues in dispute, confidentiality is a key feature of mediation. This research paper evaluates how confidentiality in mediation is dealt with in different legal systems and whether improvements may be provided by implementation of the Directive on certain aspects of Mediation in Civil and Commercial Matters (hereafter 'the Directive') and the UNCITRAL Model Law on International Commercial Conciliation (2002) (hereafter 'the Model Law'). After an explanation of the relevant definitions of mediation and confidentiality, confidentiality rules established in typical Common - Law and Civil - Law systems are examined. Exploring the legal basis of confidentiality rules and their exceptions, special reference is made to existing gaps in the rules which cause problems in practice. Afterwards the aims, scope of application and the confidentiality provisions of the Directive as well as existing gaps and challenging matters concerning the Directive and its implementation into national law will be focused upon. Subsequently the Model Law will be considered concerning the same issues as the discussion on the Directive. A final comparison of the results will lead to suggestions as to how mediation rules should deal with confidentiality issues comprehensively.

More books from GRIN Publishing

Cover of the book Death in Don DeLillo's 'White Noise' by Eva-Maria Henke
Cover of the book Can agriculture be sustainable in its present industrial and high tech form or must it 'return to the past'? by Eva-Maria Henke
Cover of the book Shakespeare's Historical Background and the World Picture of the Elizabethan Age by Eva-Maria Henke
Cover of the book Leadership traits and theories. A Review by Eva-Maria Henke
Cover of the book Critique for the Open Source Development Model by Eva-Maria Henke
Cover of the book Funktion und Bedeutung der ersten Verfassungen Haitis (1801-1805) by Eva-Maria Henke
Cover of the book The Role of Market-Maker/Dealer Inventories in the Price Formation Process by Eva-Maria Henke
Cover of the book The North-South Divide in England by Eva-Maria Henke
Cover of the book 'Portnoy's Complaint' by Philip Roth by Eva-Maria Henke
Cover of the book Siemens AG Austria Section DEMATIC by Eva-Maria Henke
Cover of the book Counseling and psychotherapy in the United States by Eva-Maria Henke
Cover of the book What are the main impediments to democracy in Africa by Eva-Maria Henke
Cover of the book New Zealand English by Eva-Maria Henke
Cover of the book Impact of trade and foreign investments on the industrial change in China by Eva-Maria Henke
Cover of the book Critique of research perspective by Eva-Maria Henke
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy