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Court Mediation Reform

Efficiency, Confidence and Perceptions of Justice

Shahla F. Ali

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.
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Acknowledgements

Efficiency, Confidence and Perceptions of Justice

Shahla F. Ali

The research for this book has been made possible by funds from the Government of Hong Kong’s Research Grants Council (HKU 17603215). Without the valuable observations from court mediation officials and practitioners, the practical insights in this book would not be possible. Special thanks go to members of mediation centres and associations, including members of the ABA Section of Dispute Resolution, the Asia Pacific Mediation Forum, the Mediator Network, CPR Institute, National Centre for State Courts, Mediators Beyond Borders, Hong Kong Mediation Network, Resolution Systems Institute, the Court Annexed and Judicial Mediation Network and the Collaborative Justice Institute. In addition, valuable input was received from the Asia-Pacific UNCITRAL Conference on Legal Harmonization, UC Hastings Centre for Negotiation and Conflict Resolution, the Singapore International Arbitration Forum, the Centre for International and Comparative Law, the Peace Chair at the University of Maryland, the UC Berkeley Centre for the Study of Law and Society, the World Bank Group, the Centre for Understanding Conflict, Shanghai Law School, Pepperdine Strauss Institute for Dispute Resolution, the Dubai International Court and the Japan Mediation Centre.

Many people have helped with this book. Laura Mann and Luke Adams, editors at Edward Elgar, expertly oversaw the review and publication of this project. Anonymous reviewers provided extremely valuable input at the early stages of the project. Jennifer Lee, Elizabeth Clack and Sue Sharp provided valuable oversight of production and distribution. Special thanks go to an outstanding team of research assistants, including Tong Lok Hei, Emily Chan, Nicholas Chu, Florence Tse, Thomas Leung, Kate Chan and Jennifer Hui.

Numerous colleagues have provided valuable insights that have improved this book. I am grateful for fruitful exchanges with Thomas Stipanowich, Lola Akin Ojelabi, Deborah Hensler, Judge Dorothy Nelson, Moti Mironi, Ota Shozo, Martin Krygier, Malcolm Feeley, Sheila Purcell, Heather Anderson, Luigi Cominelli, Carrie Menkel-Meadow, Diane Desierto, Nancy Welsh, Setsuo Miyazawa, Cynthia Alkon, Richard Reuben, Dorcas Queck, Mark Feldman, Hiroshi Takahashi, Hiro Aragaki, Michelle LeBaron, Mark Feldman, Jill Gross, Aya Yamada, Hiro Aragaki, Nadja Alexander, Stacie Strong, Sharon Press, Fu Hualing, Eric Feldman, Lisa Blomgren-Amsler, Susan Franck, Loukas Mistelis, Michael Palmer, Eric Feldman, Robert Ahdieh, Rosmary Howell, Anna Koo, Katherine Lynch, Elayne Greenberg, David Caron, Peer Zumbansen, Sherna Deamer, Jack Coe, Dale Bagshaw and Robert Moberly. I am also thankful to our Law Faculty Dean Michael Hor, Associate Dean for research Simon Young and Department Head Zhao Yun for providing a supportive research environment at the University of Hong Kong. I am also grateful to participants who shared valuable feedback at the following conferences: the Law and Society Association Annual Conference (Mexico City), the ABA Section on Dispute Resolution (San Francisco, CA), the International Association of Conflict Management (Berlin, Germany), the ITA Academic Council Works in Progress (Washington, DC), the UNCITRAL Working Group II (Dispute Resolution) commission meeting at the United Nations (New York), AALS (San Francisco, CA), CASS/IGC Conference (Macau SAR), the Asia-Pacific Mediation Forum (Lombok, Indonesia), the Mixed-Mode Dispute Resolution Summit Strauss Institute Pepperdine (Malibu, CA), IBA Conference (Shanghai, PRC) and UNCITRAL Emergence Conference (Macau SAR).

This book is dedicated to Victor and my two girls, Martha and Agnes, the youngest of whom was born during this project. All that is positive in this book reflects the support and generosity of colleagues, research participants, family, friends and associates. All errors and omissions are my own.