Full Description
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.
Contents
Contents
Foreword viii
1 Introduction to The Place of Mediation within the Modern Civil Justice System: critical perspectives 1
Masood Ahmed and David Sixsmith
2 Achieving cultural normalisation of mediation in low value civil justice: Lessons from British Columbia 7
David Sixsmith and Amy Sixsmith
3 Can mandatory mediation cure it all? The Turkish experience 38
Fatma Arslan
4 Mediation within the Nigerian civil justice system 60
Chinwe Egbunike-Umegbolu
5 China's unique mediation experience: The future of judicial mediation in the information age 84
Peter C.H. Chan
6 Mediation within the modern Dutch civil justice system 105
Emma van Gelder and Marc Simon Thomas
7 Mediation, the pre-action protocols and judicial ADR activism in the English civil justice system 127
Masood Ahmed
8 The history and trajectory of mediator neutrality 152
Ben Wilson
9 The Singapore Convention on Mediation: Five years on 174
Bryan Clark and Viktoriia Hamaiunova
10 The use of mediation for art disputes: A survey of 'bespoke' international mediation schemes 195
Debbie De Girolamo
11 New trends in mediation in Brazilian law 216
Antonio Cabral
12 The near horizons of digitalised dispute resolution 235
Tony Guise and Victoria McCloud
Index 256
