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Nordic Mediation Research

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ISBN: 9783319730189 9783319730196 Year: Pages: 269 DOI: https://doi.org/10.1007/978-3-319-73019-6 Language: English
Publisher: Springer Nature Grant: Københavns University
Subject: Law
Added to DOAB on : 2018-06-29 14:24:48
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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Mediation in Collective Labor Conflicts

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Book Series: Industrial Relations & Conflict Management ISBN: 9783319925318 Year: Pages: 339 DOI: 10.1007/978-3-319-92531-8 Language: English
Publisher: Springer Nature
Subject: Science (General) --- Psychology --- Law
Added to DOAB on : 2020-02-04 11:21:09
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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Fallibility at Work: Rethinking Excellence and Error in Organizations

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ISBN: 9783319633176 9783319633183 Year: Pages: 159 DOI: https://doi.org/10.1007/978-3-319-63318-3 Language: English
Publisher: Palgrave Macmillan
Subject: Business and Management
Added to DOAB on : 2017-11-23 18:18:06
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This book addresses how organizations can deal with human fallibility in order to create space for excellence at work. Some mistakes in work settings put lives at risk, while others create openings for innovative breakthroughs. In order to deal constructively with fallibility, an organization needs a communication climate where it is normal to voice opinions, admit mistakes, and ask for help in critical situations. The book builds on interviews with practitioners in healthcare, aviation, IT, public governance, and industry. It connects narratives from these fields with theories from organizational psychology and philosophy, as well as from positive organizational scholarship. In the final chapter, an overall ethics of fallibility at work is outlined. Fallibility at Work contributes to research in multiple academic disciplines, but also reaches out to practitioners who are interested in the connections between error and excellence in organizations.

Investor-State Dispute Settlement and National Courts

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Book Series: European Yearbook of International Economic Law; Special Issue ISBN: 9783030441647 Year: Pages: 117 DOI: 10.1007/978-3-030-44164-7 Language: English
Publisher: Springer Nature
Subject: Law --- Economics
Added to DOAB on : 2020-07-15 23:59:15
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This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

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