This is an introduction to a collection of articles in the book Nordic mediation research. The background and history of mediation in the Nordic, or Scandinavian, countries is presented. The areas of mediation practice in the Nordic countries and Nordic mediation research are also introduced. 1 Background and History of Mediation in the Nordic Countries The Nordic-or Scandinavian countries 1-Denmark, Finland, Iceland, Norway and Sweden have close geographic, historical, social, economic, cultural, linguistic and legal ties. The economies are organised in a similar manner in what is sometimes
In this article, I argue that it is useful to make a distinction between theoretical models of mediation, practical systems of mediation in context, and mediation in action. Using this distinction makes it possible to examine the relationship of the model of mediation, the context in which mediation is practiced and mediator behaviour, and to analyse the field of mediation and obtain a better understanding of mediation, as such, as a result. First, I offer a brief historical overview of how mediation has developed in the Nordic countries on a theoretical, institutional and practical level. Then, I unfold and examine which theoretical models are at play, what the different areas of practice are and how mediators interpret and implement theoretical models in their practice. One main problem is that mediators in their everyday work sometimes act in a different way than they think themselves or what theory of mediation postulates. In conclusion, I point to the
Menkel-Meadow has postulated that the Western adversarial court system is no longer the best means for dispute resolution in today's post-modern, multicultural world. According to her views, the truth is illusory, incomplete, ambiguous, dependent on the knower and knowledge and, more importantly, complex. The increased complexity of modern proceedings, as well as modern life in general, means that most conflicts now have more than two parties. Multi-party and multiple conflicts will become distorted if they have to be expressed as two-party relationships. The courts, for instance, deal with issues relating to pollution, consumer affairs, mass misdemeanours and access to public services. Moreover, diagonally opposite presentations of the facts in a conflict are not the best means of getting to the truth. In contrast, polarised debate distorts reality, omits crucial pieces of information, oversimplifies complex issues and complicates clear ones. In addition, in a complex and multicultural world, individuals perceive 'reality' in different manners. For this reason, there are scholars who have questioned the assumptions that the adversarial system has about objectivity, neutrality and fairness.
The article is relating to the history of law and deals with infanticides in Finland in the 19th century based on statistics and trial records. Special attention has been paid to the facts; what kind of evidence convicted the women, and how did they try to defend themselves in the courts. Resource material used in this article are the infanticide cases of the years 1820, 1840, 1860 and 1880 which have been tried by the Justice Department of the Senate (Supreme Court).
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