Arbitration / Mediation / Litigation

Court Mediation Reform: Efficiency, Confidence and Perceptions of Justice

By Shahla F. Ali
Edward Elgar Publishing March 2018

Specifications

ISBN-13
9781786435859
Publisher
Edward Elgar Publishing
Publication
March 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.

This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.

Table of Contents

PART I Aims and Objectives of Court Mediation Reform
1. Court Mediation Reform Aims in a Global Context
2. Voluntary and Mandatory Mediation Program Design

PART II Voluntary Mediation Programs
3. Mediation in the UK Courts
4. Mediation in the Hong Kong Courts
5. Mediation in the French Courts
6. Mediation in the Dutch Courts
7. Mediation in the Malaysian Courts

PART III Mandated Court Mediation Programs
8. Mediation in the United States Federal Courts
9. Mediation in the Australian Federal Courts
10. Mediation in the Italian Courts
11. Mediation in the Chinese Courts
12. Mediation in the Indian Courts

PART IV Empirical Findings on Court Mediation
13. Insights and Recommendations from a Global Mediation Survey
14. Conclusions Select

Bibliography
Index
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