國立高雄大學圖資館 |

登入

回首頁

Towards a four-tiered model of mediationagainst the background of a narrative of social sub-systems in everlasting cross-fertilization /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Towards a four-tiered model of mediationby Hugo Luz dos Santos.
其他題名:	against the background of a narrative of social sub-systems in everlasting cross-fertilization /
作者:	Santos, Hugo Luz dos.
出版者:	Singapore :Springer Nature Singapore :2023.
面頁冊數:	xvii, 216 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
標題:	Mediation.
電子資源:	https://doi.org/10.1007/978-981-19-9429-6
ISBN:	9789811994296$q(electronic bk.)

Towards a four-tiered model of mediationagainst the background of a narrative of social sub-systems in everlasting cross-fertilization /
Santos, Hugo Luz dos.

Towards a four-tiered model of mediationagainst the background of a narrative of social sub-systems in everlasting cross-fertilization /[electronic resource] :by Hugo Luz dos Santos. - Singapore :Springer Nature Singapore :2023. - xvii, 216 p. :ill., digital ;24 cm.

Introduction (Setting the Stage to the Four-Tiered Model of Mediation) -- Historical Account on Macau's exquisite two-layered law and social reality (Social Dynamics of Mediation) -- How have Luhmann's Social Sub-Systems Interacted in Anglo-Saxon England (Social Dynamics of Mediation) -- Ascertaining whether and to what extent culture shapes mediation (Cultural Dynamics of Mediation) -- Formal Access to Justice and Effective Access to Justice as an extension of the Rule of Law (Legal Dynamics of Dispute Resolution) -- The Paramount Role of Culture in Mediation (Cross-Border and Cross-Cultural Dynamics of Mediation) -- Enforcement of Mediated Settlement Agreement in light of the Singapore Convention on Mediation.

Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation)

ISBN: 9789811994296$q(electronic bk.)

Standard No.: 10.1007/978-981-19-9429-6doiSubjects--Topical Terms:

190631
Mediation.

LC Class. No.: K2390 / .S26 2023

Dewey Class. No.: 347.09

Towards a four-tiered model of mediationagainst the background of a narrative of social sub-systems in everlasting cross-fertilization /
LDR:03179nmm a2200349 a 4500 001 640323
003 DE-He213
005 20230213192458.0
006 m d
007 cr nn 008maaau
008 231025s2023 si s 0 eng d
020 $a 9789811994296$q(electronic bk.)
020 $a 9789811994289$q(paper)
024 7 $a 10.1007/978-981-19-9429-6 $2 doi
035 $a 978-981-19-9429-6
040 $a GP $c GP
041 0 $a eng
050 4 $a K2390 $b .S26 2023
072 7 $a LB $2 bicssc
072 7 $a LAM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LB $2 thema
072 7 $a LAM $2 thema
082 0 4 $a 347.09 $2 23
090 $a K2390 $b .S237 2023
100 1 $a Santos, Hugo Luz dos. $3 946923
245 1 0 $a Towards a four-tiered model of mediation $h [electronic resource] : $b against the background of a narrative of social sub-systems in everlasting cross-fertilization / $c by Hugo Luz dos Santos.
260 $a Singapore : $b Springer Nature Singapore : $b Imprint: Springer, $c 2023.
300 $a xvii, 216 p. : $b ill., digital ; $c 24 cm.
505 0 $a Introduction (Setting the Stage to the Four-Tiered Model of Mediation) -- Historical Account on Macau's exquisite two-layered law and social reality (Social Dynamics of Mediation) -- How have Luhmann's Social Sub-Systems Interacted in Anglo-Saxon England (Social Dynamics of Mediation) -- Ascertaining whether and to what extent culture shapes mediation (Cultural Dynamics of Mediation) -- Formal Access to Justice and Effective Access to Justice as an extension of the Rule of Law (Legal Dynamics of Dispute Resolution) -- The Paramount Role of Culture in Mediation (Cross-Border and Cross-Cultural Dynamics of Mediation) -- Enforcement of Mediated Settlement Agreement in light of the Singapore Convention on Mediation.
520 $a Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation)
650 0 $a Mediation. $3 190631
650 0 $a Dispute resolution (Law) $3 190630
650 1 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 913280
650 2 4 $a Dispute Resolution, Mediation, Arbitration. $3 558745
650 2 4 $a Civil Law. $3 276647
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
856 4 0 $u https://doi.org/10.1007/978-981-19-9429-6
950 $a Law and Criminology (SpringerNature-41177)