Advancing Justice through Civil Mediation Reform: Comparative Perspectives

Abstract

As judicial systems advance, evolving conceptions of justice are reflected in varying emphasis on the role, place and practice of mediation which aims at party-directed reconciliation in civil courts. This paper explores initial comparative empirical findings, examining the impact of judicial mediation structure on perceptions of justice, efficiency and confidence in courts by investigating whether—and if so, how—variation in civil mediation policy (whether mandated or voluntary) as one factor, affects variation in judicial efficiency, confidence in courts, and perceptions of justice.