Judicial Mediation: From Debates to Renewal

Abstract

Judicial mediation involving a judge acting as a mediator in a court dispute has been implemented in many jurisdictions worldwide as a way to overcome access to justice challenges. This innovation has raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, these debates have become increasingly stagnant. The evolving vision on access to justice brings an opportunity to draw from the earlier debates and forge a different way forward. This paper argues that a coequality approach to understanding judicial mediation is a better way to design the process in a way that respects the distinctive qualities of mediation and the justice system, and to create a renewed judicial mediation model. Based upon Singapore and Canada's strong commitment to access to justice and long-standing judicial mediation experiences, the paper proposes an "Integrative Judicial Mediation" model.

Keywords: Judicial Mediation, Access to Justice, Coequality, Judicial Dispute Resolution, Role of Judge