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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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Efficiency, Confidence and Perceptions of Justice

Shahla F. Ali

As judicial systems advance, evolving conceptions of justice are reflected in varying emphasis on the role, place and practice of mediation in civil courts. How such programmes provide opportunities for party directed reconciliation, on the one hand, while ensuring access to formal legal channels, on the other, remains an area of continued inquiry. Drawing on an 83 person survey, case studies of 10 mediation jurisdictions, and time-series analysis of aggregate civil justice indicators, this book explores comparative empirical findings examining the association between judicial mediation structure and perceptions of justice, efficiency and confidence in courts. Variation among such programmes reflects, to a large extent, distinct approaches to individual and collective responsibility for the financial, social and temporal resources required for resolution. Given the highly contextual nature of court mediation programmes, the book highlights achievements, challenges and lessons learned in the implementation of mediation programmes for general civil claims. Programme achievements largely depend on the functioning of the civil litigation system, the qualities and skill of the mediators, safeguards against bias, participant education, and cultural and institutional support.