Towards a Four-Tiered Model of Mediation: Against the Background of a Narrative of Social Sub-systems in Everlasting Cross-Fertilization

This book offers a unique methodological approach to mediation by parsing it in four perspectives: social, cultural, legal, and cross-border and cross-cultural. It argues that the underlying social reality of a given jurisdiction should dictate the design of pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social and legal dynamics of mediation.

Format: Hardback
Length: 216 pages
Publication date: 14 February 2023
Publisher: Springer Verlag, Singapore

This book, supported by a hybrid methodology that spans social sciences to human sciences, presents a groundbreaking approach to the study of mediation. Traditionally, mediation has been approached in a fragmented and haphazard manner, failing to fully capture the essence of this unique dispute resolution mechanism. This book contends that mediation must be analyzed from four distinct perspectives to fully understand its richness. The first tier examines the social dynamics of mediation, delving into the interplay of social factors and their impact on the mediation process. The second tier explores the cultural dynamics of mediation, considering the cultural norms, values, and beliefs that shape the mediation process. The third tier analyzes the legal dynamics of mediation, examining the legal frameworks and principles that govern mediation. The fourth tier focuses on the cross-border and cross-cultural dynamics of mediation, addressing the challenges and opportunities arising from mediated disputes across borders.

When considered collectively, the four tiers that form the foundation of the four-tiered model of mediation aim to unravel the interconnectedness between law and social reality. In this vein, the underlying social context of a particular jurisdiction should guide the design of pre-suit court-connected mandatory mediation with an easy opt-out, a central tenet of both the social dynamics of mediation (the first tier of the four-tiered model) and the legal dynamics of mediation (the third tier).

By adopting a comprehensive and multi-dimensional approach, this book offers valuable insights into the complexities of mediation and its role in resolving disputes in various contexts. It serves as a valuable resource for scholars, practitioners, and policymakers alike, contributing to the ongoing development of mediation theory and practice.

Weight: 524g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811994289
Edition number: 1st ed. 2023