What's law got to do with it: Mapping modern mediation movements in civil and common law jurisdictions

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2001
• Subjects: Mediation; jurisdiction; Australia; Germany; Dispute Resolution and Arbitration; Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/1881; https://ink.library.smu.edu.sg/context/sol_research/article/3833/viewcontent/WhatsLawGotToDoWithIt_2001_BLR.pdf
• Institution: Singapore Management University

Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.