
eBook - PDF
ADR and Trusts
An international guide to arbitration and mediation of trust disputes
- 414 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
ADR and Trusts
An international guide to arbitration and mediation of trust disputes
About this book
Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors' accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). The first section of the book introduces the different forms of dispute resolution and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including the role of professional advisors, as well as the tools and techniques for mediation. The book examines the ways to avoid disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator's powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with a close study of the developing approaches in Canada and the UK. The second section examines 27 jurisdictions and how trust law and ADR operates in each. The jurisdictions covered include: Australia, Bahamas, Barbados, the British Virgin Islands, Canada, Cyprus, England/Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, the Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses arbitration law and practice, trust law, the mandatory requirements for mediation, and the enforcement of ADR awards. [Subject: Alternative Dispute Resolution, Mediation, Trust and Estate Law, Comparative Law]
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Yes, you can access ADR and Trusts by Grant Jones,Peter Pexton in PDF and/or ePUB format, as well as other popular books in Law & Estates & Trusts Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- About the authors
- Acknowledgements
- Foreword by Geoffrey A Shindler
- Contents
- Tables of authorities
- List of abbreviations (Conventions and Model Law)
- A. Introduction to Dispute Resolution
- 1 Arbitration of Trust and Fiduciary Disputes
- 2 Benefits of Mediation for Trust and Fiduciary Disputes
- 3 The Mediation Process
- 4 The Role of Professional Advisers
- 5 Tools and Techniques for Mediation
- 6 Avoiding Disputes
- 7 Cross-Border Aspects and Issues
- 8 Typical Trust and Fiduciary Disputes
- 9 Preparation of Briefings and Openings by Mediants
- 10 The Psychology of Mediation
- 11 The Mediator’s Perspective
- 12 Considerations for Islamic and Sharia Trust ADR
- Appendix 1: Agreement for Appointment of the Mediator
- Appendix 2: Settlement Agreement
- Appendix 3: A Suggested Settlement Checklist Template
- Appendix 4: New York Convention – Member States
- B Jurisdictions
- 1 Australia
- 2 Bahamas
- 3 Barbados
- 4 The British Virgin Islands
- 5 Canada
- 6 Republic of Cyprus
- 7 England and Wales
- 8 Florida
- 9 France
- 10 Gibraltar
- 11 Guernsey
- 12 Hong Kong Special Administrative Region (HKSAR)
- 13 India
- 14 Ireland
- 15 Isle of Man
- 16 Israel
- 17 Italy
- 18 Jersey
- 19 Liechtenstein
- 20 Malaysia
- 21 Mauritius
- 22 New Zealand
- 23 Panama
- 24 Scotland
- 25 Singapore
- 26 Switzerland
- 27 United Arab Emirates
- Bibliography
- Index