Judicial Mediation: From Debates to Renewal

19 Cardozo Journal of Conflict Resolution 613 (2018)

40 Pages Posted: 11 Mar 2018 Last revised: 1 Jul 2019

See all articles by Jean-François Roberge

Jean-François Roberge

Université de Sherbrooke - Group for the Prevention and Resolution of Disputes (G-PRD)

Dorcas Quek Anderson

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: February 6, 2018

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

Suggested Citation

Roberge, Jean-François and Quek Anderson, Dorcas, Judicial Mediation: From Debates to Renewal (February 6, 2018). 19 Cardozo Journal of Conflict Resolution 613 (2018), Available at SSRN: https://ssrn.com/abstract=3135620

Jean-François Roberge

Université de Sherbrooke - Group for the Prevention and Resolution of Disputes (G-PRD) ( email )

150 Place Charles-Le Moyne
Longueuil, Québec J4K0A8
Canada
1-450-463-1835 ext 61893 (Phone)

HOME PAGE: http://https://www.usherbrooke.ca/droit/faculte/personnel/corps-professoral/jean-francois-roberge/

Dorcas Quek Anderson (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

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