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The Place of Mediation within the Modern Civil Justice System: Critical Perspectives

New Arrival The Place of Mediation within the Modern Civil Justice System: Critical Perspectives

The Place of Mediation within the Modern Civil Justice System: Critical Perspectives

Author: Masood Ahmed; David Sixsmith
Publisher: Edward Elgar Publishing
ISBN: 9781035341351
Published In: March 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,495.00

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Description
Contents

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This book critically analyses the role and function of mediation within modern civil justice systems and its wider impact on access to justice. Leading international scholars address the challenges and opportunities surrounding the formal inclusion of mediation within civil justice systems, applying a range of methodologies to analyse a number of common and civil law jurisdictions.

Proposing a reconceptualisation of mediation at both a domestic and international level, the book provides fresh perspectives on key issues including the roles of mediators and national courts, the impact of the Singapore Mediation Convention and the effects of technology and digitization on the civil justice system. The chapters consider whether litigants should be compelled to engage with mediation, whether it is appropriate for policy-makers and courts to promote mediation over other forms of dispute resolution and whether mediation should form such an important part of the civil justice system.

The Place of Mediation within the Modern Civil Justice System is an essential resource for the judiciary, policy-makers, practitioners and university law students and scholars of mediation in civil justice, the reform of the civil justice system, civil dispute resolution, and law and society.

Foreword viii

Introduction to The Place of Mediation within the Modern Civil Justice System: critical perspectives 1

Masood Ahmed and David Sixsmith

Achieving cultural normalisation of mediation in low value civil justice: Lessons from British Columbia 7

David Sixsmith and Amy Sixsmith

Can mandatory mediation cure it all? The Turkish experience 38

Fatma Arslan

Mediation within the Nigerian civil justice system 60

Chinwe Egbunike-Umegbolu

China’s unique mediation experience: The future of judicial mediation in the information age 84

Peter C.H. Chan

Mediation within the modern Dutch civil justice system 105