Book contents
- Vanishing Legal Justice
- Vanishing Legal Justice
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Introduction
- Part I Vanishing Trials, Transformed Legal Systems
- Part II Settlement Practices and Perspectives of Judges
- Part III Legal Metamorphosis?
- 7 A New Paradigm for Judicial Involvement
- 8 New Horizons of Mediation
- 9 The Law – End or Turning Point?
- Conclusion
- Index
8 - New Horizons of Mediation
from Part III - Legal Metamorphosis?
Published online by Cambridge University Press: 20 March 2025
- Vanishing Legal Justice
- Vanishing Legal Justice
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Introduction
- Part I Vanishing Trials, Transformed Legal Systems
- Part II Settlement Practices and Perspectives of Judges
- Part III Legal Metamorphosis?
- 7 A New Paradigm for Judicial Involvement
- 8 New Horizons of Mediation
- 9 The Law – End or Turning Point?
- Conclusion
- Index
Summary
The journey of mediation as a non-authoritative process into the court system has come full circle with one utterly different model emerging in contemporary times. As mentioned in the previous chapters, mediation has inspired hybrid judicial roles and settlement promotion and introduced consent as the foundation for many hybrid legal processes. Yet this hybridization has worked both ways, affecting mediation as well. Authority-based mediation is emerging as an advanced judicial process that generates public norms. This new sophisticated model for dealing with polycentric legal problems while preserving soft qualities of the process and keeping a narrow focus on a legal outcome is, in fact, a novel form of private adjudication. We describe this emergent form of mediation and its theoretical underpinnings.
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- Information
- Vanishing Legal JusticeThe Changing Role of Judges in an Era of Settlements and Plea Bargains, pp. 164 - 172Publisher: Cambridge University PressPrint publication year: 2025