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This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' engagement with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general. Dr Bryan Clark is a Professor in the Law School, Faculty of Humanities and Social Sciences at the University of Strathclyde, Glasgow and an Adjunct Professor at the John Marshall Law School in Chicago. He is an academic lawyer and mediation scholar and holds a PhD from the University of Glasgow, an LLM from the University of Dundee and a BA from the Robert Gordon University. He has published widely in the fields of mediation and the role of lawyers and courts therein, civil dispute resolution and company law and delivered numerous academic and professional conference and seminar papers on these topics both at home and abroad. He is a member of the Academic Committee of the Civil Mediation Council for England and Wales and the Accreditation and Validation Panel for Relationships Scotland (family mediation and counselling service).
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Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa.
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Een globaal beeld van het burgerlijk recht, aangepast aan de meest recente wetswijzigingen: dat vindt u in Praktisch burgerlijk recht. Het boek bevat:- theoretische principes geïllustreerd aan de hand van talrijke praktijkvoorbeelden- casussen die de kennis en het probleemoplossend vermogen van de student toetsenBron : http://www.vanin.be
Recht --- Wetgeving --- Burgerlijk recht --- Burgerlijk recht ; België --- Burgerlijk recht. --- Burgerlijk recht ; België
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The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.
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