Mediation in practice: Common law and civil law perspectives compared

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2001
• Subjects: Mediation; Australia; Germany; Dispute Resolution and Arbitration
• 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
• Institution: Singapore Management University

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.