The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation

Authors

Nancy A. Welsh, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

1-2011

ISBN

978-90-411-3414-1

Abstract

This chapter will provide a brief comparison of the development of court-connected mediation in the United States and the Netherlands, with the goal of demonstrating that though the two countries share a process named ‘mediation’, the characteristics of each context inevitably influence the dominant nature of the process, the needs it addresses, the extent of its use, its basis for claims of legitimacy and its likely future. The chapter also will consider some of the structural differences that have arisen as mediation has been institutionalized in other countries and begin to hypothesize regarding these implications.

First Page

119

Last Page

133

Num Pages

15

Volume Number

2

Publisher

Kluwer Law International

Place

The Netherlands

Editor

Arnold Ingen-Housz

Book Title

ADR in Business: Practice and Issues Across Countries and Cultures

Recommended Citation

Nancy A. Welsh, The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation, in 2 ADR in Business: Practice and Issues Across Countries and Cultures 119 (Arnold Ingen-Housz eds., 2011).
Available at: https://scholarship.law.tamu.edu/facscholar/973