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Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
This fourth edition provides a picture of the law and practice relating to matrimonial proceedings in Family Proceedings Courts, County Courts and the High Court. In particular it deals with the radical changes which the Children Act has made to the public law and private law relating to children.
Forensic Psychology explains the history and application of the discipline. It details the various kinds of psychologist involved in the field, the sort of evidence each might produce, and how it can be applied. The authors cover topics such as: * offender profiling * psychometric testing * expert testimony * psychological autopsy * polygraph testing * professional and ethical problems * training needs A handy reference tool and a practical guide, Forensic Psychology is essential reading for forensic psychologists, clinical psychologists, lawyers and professionals who need to understand the nature and application of psychological evidence in judicial proceedings.
First published in 2001, The Criminalisation of Stalking fills a much-needed gap by drawing upon a range of methodologies to present a thorough and comprehensive examination of the way in which stalking became perceived as a pressing and prevalent social problem in need of legal intervention, as well as providing a critical evaluation of the efficacy and sufficiency of the legal responses. Essentially this book has two main objectives- first, to provide a comprehensive account of the process by which stalking came to be regarded as a significant social problem which merited legal intervention and to evaluate that response. And secondly, to situate this within a wider theoretical context which addresses the role of the criminal law in dealing with social problems and the boundaries of criminalization. This illustrates how a detailed consideration of a particular issue can inform wider debate and provide a unique perspective on existing theoretical material. This socio-legal perspective facilitates the use of a range of methodologies to challenge the existing conceptualization of stalking and to present a wider range of potential solutions to this complex social problem. This is a must read for scholars and researchers of criminology.
There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.