Publication Type
Journal Article
Version
publishedVersion
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
Citation
ALEXANDER, Nadja.
What's law got to do with it: Mapping modern mediation movements in civil and common law jurisdictions. (2001). Bond Law Review. 13, (2), 1-29.
Available at: https://ink.library.smu.edu.sg/sol_research/1881
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://epublications.bond.edu.au/blr/vol13/iss2/5/