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

This book proposes a four-tiered model of mediation that examines it from four perspectives: social dynamics, cultural dynamics, legal dynamics, and cross-border and cross-cultural dynamics. It argues that the underlying social reality of a jurisdiction should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out.

Format: Paperback / softback
Length: 216 pages
Publication date: 15 February 2024
Publisher: Springer Verlag, Singapore

Mediation has long been a complex and multifaceted process, with a wide range of perspectives and approaches. However, many attempts to understand mediation have been piecemeal and haphazard, failing to capture the unique nature of this dispute resolution mechanism. This book presents a novel and comprehensive approach to mediation, parsing it into four distinct tiers: social dynamics, cultural dynamics, legal dynamics, and cross-border and cross-cultural dynamics. By examining these four tiers, the book aims to unlock the relationship between law and social reality, highlighting the importance of understanding the underlying social reality of a given jurisdiction in designing pre-suit court-connected mandatory mediation with an easy opt-out. The first tier of the four-tiered model of mediation, the social dynamics of mediation, focuses on the social aspects of mediation, including the role of parties, mediators, and stakeholders. It examines the dynamics of communication, power, and conflict resolution within the mediation process. The second tier, the cultural dynamics of mediation, explores the cultural factors that influence mediation. It examines the role of cultural norms, values, and beliefs in shaping the mediation process and the outcomes of mediation. The third tier, the legal dynamics of mediation, examines the legal aspects of mediation. It examines the legal framework governing mediation, including the rules of evidence, the rules of procedure, and the rights of parties. The fourth tier, the cross-border and cross-cultural dynamics of mediation, examines the dynamics of mediation across different borders and cultures. It examines the challenges and opportunities that arise when mediating across different legal systems and cultural backgrounds. Taken together, the four tiers of the four-tiered model of mediation provide a comprehensive and holistic approach to mediation, highlighting the importance of understanding the social, cultural, legal, and cross-border and cross-cultural dynamics of mediation in order to achieve successful outcomes.

Weight: 367g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811994319
Edition number: 1st ed. 2023