Mediation in practice: Common law and civil law perspectives compared
Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem la...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2001
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/1882 https://ink.library.smu.edu.sg/context/sol_research/article/3834/viewcontent/MediationInPractice_2001_IntlTradeBusLAnn.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the practice of mediation in Australia and Germany with a view to elaborating upon comparative points of interest. |
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