Court Mediation Reform: Efficiency, Confidence and Perceptions of Justice

Court Mediation Reform: Efficiency, Confidence and Perceptions of Justice, Cheltenham, UK and Northampton, Massachusetts, USA: Edward Elgar Publishing (2018)

University of Hong Kong Faculty of Law Research Paper No. 2018/021

Posted: 11 May 2018 Last revised: 29 May 2018

Shahla F. Ali

Deputy Director, Program in Arbitration & Dispute Resolution, University of Hong Kong, Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: March 15, 2018

Abstract

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.

This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.

Keywords: Civil Justice Reform; Court Mediation; Comparative Legal Institutions; Mixed Methods

JEL Classification: K40

Suggested Citation

Ali, Shahla F., Court Mediation Reform: Efficiency, Confidence and Perceptions of Justice (March 15, 2018). Court Mediation Reform: Efficiency, Confidence and Perceptions of Justice, Cheltenham, UK and Northampton, Massachusetts, USA: Edward Elgar Publishing (2018); University of Hong Kong Faculty of Law Research Paper No. 2018/021. Available at SSRN: https://ssrn.com/abstract=3168994

Shahla F. Ali (Contact Author)

Deputy Director, Program in Arbitration & Dispute Resolution, University of Hong Kong, Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

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