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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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Chapter 14: Conclusions

Efficiency, Confidence and Perceptions of Justice

Shahla F. Ali

Extract

Chapter 14 concludes by summarizing the initial comparative findings examining the association of judicial voluntary and mandatory mediation structure with perceptions of justice, efficiency and confidence in courts. Building on a growing body of empirical cross-jurisdictional research examining mediation reform and policy, and scholarship that has examined the varying intrinsic and extrinsic rationales motivating courts to introduce mediation programmes, including private and public sector cost reductions, as well as extrinsic factors including relational, societal and process-based considerations, this book narrows its focus to the question of regional engagement in court mediation and the resulting impact, if any, on user experience. As examined in the book, and responsive to diverse domestic circumstances, significant variation in the implementation of court mediation reforms currently exists. Avenues toward voluntary or mandatory mediation to some extent reflect varying underlying concepts of individual and collective justice. Given that ‘public means available for financing dispute resolution are not unlimited’, a balancing of individual process choices and social efficiency is required.

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