The results of a multi-year study on court mediation systems – including voluntary, mandatory and hybrid mechanisms, are now available for public access. Drawing on survey data, the study examines the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. Summary results are available here.
The study findings are included in the book, Court Mediation Reform: Efficiency Confidence and Perceptions of Justice, (S. Ali, Elgar, 2018) which draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of court mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, mediator training, safeguards against bias, participant education, and cultural and institutional support.
The book will be of interest to scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.