Essays on Mediation: Dealing with Disputes in the 21st Century

Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems.

The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following:

• enduring and intense conflicts;
• planning and environmental issues;
• conflicts arising between refugee and ‘host’ communities;
• elder care;
• intercultural settings;
• online communication;
• science-based disputes; and
• public policy disputes.

The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms.

Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Features

• Collection of essays
• Leading practitioners and thinkers
• Diverse range of fields and applications
• Reflections on experience of last four decades of modern mediation

Benefits

• Snapshot of current state of development of mediation
• Insights into diverse fields of application and practice
• Role of mediation in both dispute resolution and prevention
• Historical and contemporary perspectives on ways in which mediation has become mainstream, no longer ‘alternative’
• Promise and potential of mediation in contemporary social and political agendas
• Recognition of deep roots and contemporary relevance of mediation