Global trends in mediation

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2003
• Subjects: Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3364; https://ink.library.smu.edu.sg/context/sol_research/article/5322/viewcontent/SSRN_id3765908.pdf
• Institution: Singapore Management University

Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.The civil law/ common law dichotomy has always been a fascination for comparative lawyers. While some writers maintain that strong differences have always existed between these two great legal traditions, others challenge these traditional beliefs with the view that the perceived differences are far more illusory than real.