Publication Type

Journal Article

Publication Date

1-2004

Abstract

This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.

Keywords

Alternative dispute resolution, court-mediated, legal systems

Discipline

Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Law in Context

Volume

22

Issue

1

First Page

8

Last Page

24

ISSN

0811-5796

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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