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The UN peacemaking operation in Cyprus has been one of the longest of its kind, but has resulted in discarded proposals, non-papers or reports. This study investigates the Cypriot parties' views of peacemaking, to shed light on the problem, and on the theoretical debates surrounding mediation.
The UN peacemaking operation in Cyprus has been one of the longest of its kind, but has resulted in discarded proposals, non-papers or reports. This study investigates the Cypriot parties' views of peacemaking, to shed light on the problem, and on the theoretical debates surrounding mediation.
First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
This book investigates the crisis management mechanism-mediation by third parties to determine the effectiveness of mediation efforts in crisis negotiations.
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
The Mediterranean island of Cyprus is the site of enduring political, military, and economic conflict. This interdisciplinary collection takes Cyprus as a geographical, cultural and political point of reference for understanding how conflict is mediated, represented, reconstructed, experienced, and transformed. Through methodologically diverse case studies of a wide range of topics—including public art, urban spaces, and print, broadcast and digital media—it assembles an impressively multifaceted perspective, one that provides broad insights into the complex interplay of culture, conflict, and identity.
This book focuses on the design and operation of power-sharing in deeply divided societies. Beyond this starting point, it seeks to examine the different ways in which consociational institutions emerge from negotiations and peace settlements across three counter-intuitive cases – post-Brexit referendum Northern Ireland, the Brussels Capital Region and Cyprus. Across each of the chapters, the analysis assesses how the design or mediation of these various forms of power-sharing demonstrate similarity, difference and complexity in how consociationalism has been conceived of and operated within each of these contexts. Finally, a key objective of the book is to explore and evaluate how ideas surrounding power-sharing have evolved and changed incrementally within each of the empirical contexts. The unifying argument within the book is that power-sharing has to have the capacity to adapt to changing political circumstances, and that this can be achieved through the interplay of formal and informal micro-level refinements to these institutions and the procedures that govern them, that allow such institutions to evolve over time in ways that increase their utility as conflict transformation governance structures for deeply divided societies. This book fills the gap in the published literature between theoretical and empirical studies of power-sharing, and will be of much interest to students of peace and conflict studies, consociationalism, European politics and IR in general.
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
A practical reference providing detailed information and expert commentary on implementation of mediation law across 27 EU Member States, organized by country, with trends and differences analysed. Considers key Mediation Directive legislation following its entry into force and implementation.
Borowiec portrays Cyprus as a permanent source of tension in the Eastern Mediterranean and a potential trigger for future conflict between Greece and Turkey. He describes the depth of animosity between Greek and Turkish Cypriots and analyzes the obstacles in the path of a search for a solution. Most casual observers see the conflict between Greeks and Turks on a strategic Mediterranean island as a struggle within a sovereign state. Borowiec concludes that there has never been a Cypriot nation, only Greeks and Turks living in Cyprus, separated by the hostility reflecting the traditional animosity between their motherlands. If these two groups could forget their past conflicts—as did, for example, Germany and Poland—there might be a way to end the partition of Cyprus. At the present time, however, the crisis is likely to continue with varying degrees of tension, threatening the entire Eastern Mediterranean and undermining NATO's cohesion. Borowiec traces the history of Cyprus from antiquity through Ottoman and British colonial rule and the post-independence period. He describes the break between the island's communities in 1963, the UN intervention of 1964, and the path toward the Athens junta's coup in 1974 which caused the Turkish invasion and occupation of the northern part of Cyprus. He compares the conflicting views of the protagonists—the Greek Cypriot majority and the Turkish Cypriot minority. Considerable attention is paid to the two separate economic and political entities on the island. Borowiec analyzes the futility of myriad international mediation efforts and suggests possible ways of creating a climate propitious to dialogue. This important new look at the Cypriot conflict will be valuable to researchers, policy makers, and scholars involved with the Eastern Mediterranean and conflict/peace studies.