Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the practice of mediation in Australia and Germany with a view to elaborating upon comparative points of interest.
Mediation, Australia, Germany
Dispute Resolution and Arbitration
International Trade and Business Law Annual
Mediation in practice: Common law and civil law perspectives compared. (2001). International Trade and Business Law Annual. 6, 1-18. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1882
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