Berghahn Books
On Mediation
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Edited by:
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About this book
Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.
Author / Editor information
Karl Härter is Professor, Research Group Leader and Senior Research Scientist at the Max-Planck-Institute for European Legal History in Frankfurt/Main and a member of the International Max Planck Research School on Retaliation, Mediation and Punishment, Halle/Germany.
--- Contributor: Carolin F. HillemannsCarolin F. Hillemanns is scientific coordinator at the Max Planck Institute for Foreign and International Criminal Law, Halle, Germany. She has researched many fields including social responsibility, international criminal law and policy, transitional justice, international human rights law, globalization, and German constitutional law.
--- Contributor: Günther SchleeGünther Schlee is one of the Founding Directors of the Max Planck Institute for Social Anthropology in Halle, Germany. His main publications include Identities on the Move: Clanship and Pastoralism in Northern Kenya (Manchester University Press, 1989) and How Enemies Are Made: Towards a Theory of Ethnic and Religious Conflict (Berghahn Books, 2008).
Reviews
“A very nice compilation of interesting articles on mediation and related practices of third-party conflict regulation from various perspectives, including legal, anthropological, sociological, historical, psychological and philosophical perspective.” • Daniel Girsberger, University of Lucerne
“This edited volume makes an important contribution to the literature on mediation by offering interdisciplinary perspectives, both in comparison and in dialogue with one another.” • Ronald Niezen, McGill University
Topics
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Frontmatter
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Contents
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List of Illustrations
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Introduction. On Mediation: Historical, Legal, Anthropological and International Perspectives on Alternative Modes of Conflict Regulation
1 - Part I. Mediation, Arbitration and the Criminal Justice System: Historical and Current Developments
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Chapter 1. Infrajudicial Modes of Conflict Regulation through Negotiation, Mediation and Arbitration in Early Modern European Criminal Justice
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Chapter 2. Adjudication or Negotiation: Mediation as Non-modern Element in Conflict Resolution in the Nordic Countries
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Chapter 3. Mediation, Extrajudicial Conflict Regulation and the Privatization of the Criminal Justice System
54 - Part II. Mediation: Anthropological Perspectives and Case Studies
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Chapter 4. What Is Mediation? Definitions and Anthropological Discomforts
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Chapter 5. Mediation in Circumstances of the Existential: Dispute and Justice in Rwanda
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Chapter 6. Mediation and Truth
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Chapter 7. Crossing the Boundaries of Mediation
132 - Part III. Mediation and Arbitration in International Arenas
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Chapter 8. Interstate Mediation and Arbitration: Concepts, Cases and Actors of Third Party Dispute Resolution (Seventeenth to Nineteenth Century)
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Chapter 9. International Mediation and the Problem of Insincere Bargaining
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Chapter 10. The International Court of Justice and Mediation
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Conclusion
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Index
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