Hardback
Court Mediation Reform
Efficiency, Confidence and Perceptions of Justice
9781786435859 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘This is a rigorous, thoughtful, and innovative analysis of a set of questions important to every country. It is also timely. At this point, there are no clear global patterns as to whether most countries are devoting resources to mandatory mediation, voluntary mediation, or neither. Legal elites pondering their options ought to read this book; and so should anyone interested in civil justice, and how best it can be achieved.’
– Eric Feldman, Asian Journal of Law and Society
‘Shahla Ali''s work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.’
– Luigi Cominelli, The University of Milan, Italy
‘Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.’
– Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, US
‘Professor Ali''s book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.’
– Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit
– Eric Feldman, Asian Journal of Law and Society
‘Shahla Ali''s work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.’
– Luigi Cominelli, The University of Milan, Italy
‘Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.’
– Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, US
‘Professor Ali''s book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.’
– Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit
Contents
Contents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 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 Programmes 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
