{"id":6728,"date":"2021-07-05T15:18:02","date_gmt":"2021-07-05T15:18:02","guid":{"rendered":"https:\/\/work2.dossetenta.com\/lupicino\/mediation-and-arbitration-newsletter-july-2021\/"},"modified":"2021-07-05T15:18:02","modified_gmt":"2021-07-05T15:18:02","slug":"mediation-and-arbitration-newsletter-july-2021","status":"publish","type":"post","link":"https:\/\/lupicinio.com\/en\/mediation-and-arbitration-newsletter-july-2021\/","title":{"rendered":"MEDIATION AND ARBITRATION NEWSLETTER (JULY 2021)"},"content":{"rendered":"
INTRODUCTION<\/strong><\/h6>\n

Today, I would like to speak about Traditional<\/strong> Academic books. <\/strong>For centuries, they have been the best way to accede to others\u00b4 knowledge and doctrines.<\/p>\n

We have all experienced great personal pleasure reading them, and for those over the age of seventy, like myself, recognize that we miss such habit, without denying the many advantages of modern techniques which forced us to enter the new legal digitalized world<\/strong>, such as more information at hand, direct access, powerful searching methods, easy storage and full availability and interaction without big expenditure.<\/p>\n

In any case, I would like to dedicate this month\u00b4s comments to two very exceptional books I have had the great pleasure of enjoying over the past weeks, analysing their many respective pages, to better understand their teaching and valuable conclusions.<\/p>\n

The first book on Mediation, \u201cInternational and Comparative Mediation. Legal Perspectives\u201d, <\/strong>written by Nadja Alexander<\/em>, edited by \u00b4Wolters Kluwer\u00b4<\/em>, and printed in October, 2009, and the second on Arbitration, \u201c40 under 40. International Arbitration\u201d<\/strong>, edited by Carlos Gonz\u00e1lez-Bueno,<\/em> and printed by \u201cDyckinson\u201d <\/em>in Spain, 2021. I had access to the first one thanks to \u00b4Stampa Abogados\u00b4 specialised private library, and to the second thanks to a generous present by its editor. Both books can be accessed online.<\/em><\/p>\n

MEDIATION<\/strong><\/h6>\n

The work by Najda Alexander <\/strong>corresponds to Volume 4 of project carried out by multiple authors under the general title, \u201cGlobal Trends in Dispute Resolution\u201d,<\/em> aimed at \u00b4presenting current developments in various geographical regions around the world and in relation to diverse transnational practice areas. It can be cited as DTDR4\u00b4.<\/em> \u00a0<\/em><\/p>\n

Nadja Alexander is a Professor of Law at \u00b4City University Hong Kong\u00b4, Adjunct Professor of Law at \u00b4Murdoch University\u00b4 in Australia and Honorary Research Fellow at \u00b4University of the Witwatersrand\u2019 in South Africa. <\/em>A multi award winning teacher, she has extensive experience as a mediation practitioner, trainer, author and consultant all over the world.<\/p>\n

I have to recognise the huge impression her 345 page book had on me.\u00a0 It goes far beyond my years of study on the subject, and opened my interest towards new areas of knowledge. Nadja Alexander writes in the Preface, \u00b4Mediation has become an integral component of many international law reform projects designed to assist transitional democracies and fragile states develop the knowhow and systems to manage their disputes more effectively and thereby contribute towards economic and political stability\u00b4, <\/em>an ambitious expression for the many aspects she managed to face fifteen years ago, but still a hundred per cent valid.<\/p>\n

Before expressing her gratitude to the dozens of experts from different countries to whom she is indebted, she explains that \u00b4this book has focussed its attention on three cross-border legal instruments and six national jurisdictions, – three countries from the common law tradition (Australia, England and the United States<\/strong>), and three from the civil law tradition <\/em>(Austria, France and Germany<\/strong>). However, examples from other countries are also found throughout the book\u00b4.<\/em><\/p>\n

It would be impossible to try to summarise here its many merits, but, thanks to its exhaustive \u00b4Table of Contents<\/em>\u00b4<\/strong>, I will pick up best achievements.<\/p>\n

Under its general title, it opens with a well-designed conceptual approach<\/strong> to definitions and basic terms,<\/em> together with clear distinctions from other dispute resolutions processes, <\/em>and specific references to Arbitration<\/em>.<\/p>\n

I found her pragmatic focus<\/strong> on three different stages very useful.<\/p>\n