Document Type

Article

Publication Title

St. John's Law Review

Publication Date

2007

Abstract

The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law and practice in multiple legal traditions if they are to be players in the transnational dispute resolution arena.They must also understand how the law and legal institutions relate to mediation practice in other countries because regulatory approaches vary from country to country. For example, mediation is emerging differently in common law jurisdictions than in civil law jurisdictions, which have been much slower at adopting court-connected mediation programs.

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