view

MEDIATION: INTERNATIONAL EXPERIENCE AND GLOBAL TRENDS

MEDIATION: INTERNATIONAL EXPERIENCE AND GLOBAL TRENDS

Click here to read the article

Abstract: Mediation involves neutral third party intervention to facilitate settlement of disputes (Section II). It is on the rise (Section IV), partly because it is encouraged by Government in various ways (Section V) and by the European Union (Section VI). Detailed global investigation of mediation (see notes 1 and 2, and Sections VII and VIII) reveals general support for the “voluntary principle” (Section IV), namely, (1) parties should not be compelled to mediate; (2) at all times the process should be under their joint consensual control; and (3) the parties must be completely free to agree whether to settle and on what terms. Including endorsement of the voluntary principle, the author proposes six fundamental principles within this fi eld (Section III).

Keywords: mediation; governmental promotion of mediation; compulsory mediation; mediation principles; voluntary principle of mediation

Click here to read the article

View PDF file

View PDF file

View PDF file

View PDF file

Login/Register

Submissions

JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.

We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.

To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.

Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.

Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.

Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.

Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.cooray.1@city.ac.uk.

Style Guide

Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.

JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.