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

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.