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Towards a Four-Tiered Model of Mediation: Against the Background of a Narrative of Social Sub-systems in Everlasting Cross-Fertilization

Towards a Four-Tiered Model of Mediation: Against the Background of a Narrative of Social Sub-systems in Everlasting Cross-Fertilization

Author: Hugo Luz dos Santos
Publisher: Springer-Verlag
ISBN: 9789811994319
Published In: February 2024
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far.

Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation.

Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).

Introduction

Hugo Luz dos Santos

The First Tier of the Four-Tiered Model of Mediation: Social Dynamics of Mediation

Front Matter

Historical Account on Macau’s Exquisite Two-Layered Law and Social Reality

How Have Luhmann’s Social Sub-systems (Religion and Law) Interacted with (and Cross-Fertilized) Each Other in Anglo-Saxon England

The Second Tier of the Four-Tiered Model of Mediation: Cultural Dynamics of Mediation

Front Matter

Ascertaining Whether and to What Extent Culture Shapes Mediation

The Third Tier of the Four-Tiered Model of Mediation: Legal Dynamics of Mediation

Front Matter

Formal Access to Justice and Effective Access to Justice

The Fourth Tier of the Four-Tiered Model of Mediation: Cross-Border and Cross-Cultural Dynamics of Mediation

Front Matter

The Paramount Role of Culture in Cross-Border and Cross-Cultural Dynamics of Mediation

Conclusions

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