Publication Type

Journal Article

Publication Date

7-2001

Abstract

Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.

Keywords

Mediation, jurisdiction, Australia, Germany

Discipline

Dispute Resolution and Arbitration | Jurisdiction

Research Areas

Dispute Resolution

Publication

Bond Law Review

Volume

13

Issue

2

First Page

1

Last Page

29

ISSN

1033-4505

Publisher

Bond University

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.

Additional URL

http://epublications.bond.edu.au/blr/vol13/iss2/5/

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