Mediation - Legal Framework: Comparative Law
THE WHITE BOOK OF MEDIATION IN CATALONIA, Chapter 2, pp. 83-130, Catalonia Government, Department of Justice, 2010
49 Pages Posted: 21 Feb 2011 Last revised: 30 Mar 2011
Date Written: October 1, 2010
After an initial overview of socioeconomic data in the United States, Australia, New Zealand, Latin America, Asia and Europe, and after an analysis of the current regulatory provisions pertaining to the process of mediation, this study proceeds to identify a number of principles and standards that have contributed to the progressive definition of the concept of mediation overseas, both as it has been developed by national states and by supranational and international organisms.
The second part of this paper describes the phenomenon of mediation in the context of various cultures and legal traditions. The diverse socioeconomic frameworks where mediation develops, identifying the areas where mediation occurs, and where mediation is applied at material and organic levels. Finally, after a careful characterization of the concept and a legal description of mediation as it exists in Spain and Catalonia - tertium comparationis, this study concludes with a comparative exercise, which aims at recognizing the cross-sectional and transnational aspects possibly applicable in a future regulation of mediation in Catalonia.
Keywords: mediation, conciliation, ADR, ODR, relational justice, restorative justice, conceptual delimitation, procedure, principles, private autonomy, freedom of contract, confidentiality, impartiality, neutrality, independence, legality, equity, procedural economy, efficiency, effectiveness, celerity, trans
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