@book{2017:carle:a_comparat,
title = {A Comparative Analysis of Mediation},
year = {2017},
note = {To harmonize the rules on mediation within the European Union,
Directive 2008/52/EC was created imposing mandatory standards on
certain aspects of mediation. The Directive is binding only in respect
of cross-border dispute mediations, but its provisions may also be
applied to internal dispute mediation processes. This led to the
monistic approach, where a legislation system simultaneously seeks to
regulate both internal dispute and cross-border dispute mediations and
thus treats them equally, and the dualistic approach, where
cross-border dispute mediations are regulated separately, and thus
internal dispute and cross-border dispute mediations may be treated
differently. The implementation of Directive 2008/52/EC by the
monistic approach in Germany, and by the dualistic approach in
Scotland, and the autonomous handling of mediation legislation in
Switzerland (which is not bound by Directive 2008/52/EC) show
different patterns of development with regard to mediation in Europe.
The comparison between those developments finally answers the question
whether Directive 2008/52/EC in its current form was appropriate. The
present monograph, which was honoured with a distinction by the
University of Glasgow, stems from a research project on mediation in
collaboration with Professor Janeen Carruthers.},
edition = {1},
publisher = {Tectum},
address = {Baden-Baden},
series = {Wissenschaftliche Beiträge aus dem Tectum Verlag: Rechtswissenschaft},
volume = {96},
author = {Carle, Dominik Helmut}
}