Harmonisation and diversity in the private international law of mediation: The rhythms of regulatory reform

Publication Type

Book Chapter

Publication Date

1-2013

Abstract

This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives - as opposed to legal diversity - offer advantages or disadvantages to crossborder mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural-psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.

Keywords

Crossborder mediation, Dispute resolution, EU directive on mediation, Mediation, Mediation law, Mediation law, Private international law, Regulatory reform, UNCITRAL model law on international commercial conciliation

Discipline

Dispute Resolution and Arbitration | International Law

Research Areas

Dispute Resolution

Publication

Mediation: Principles and regulation in comparative perspective

Editor

Klaus J. Hopt; Felix Steffek

ISBN

9780199653485

Identifier

10.1093/acprof:oso/9780199653485.003.0002

Publisher

Oxford University Press

City or Country

Oxford

Additional URL

http://doi.org/10.1093/acprof:oso/9780199653485.003.0002

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