Intake Interviews in Family Mediation: Some Thoughts from Scotland

Irvine, Charlie

doi:10.2139/ssrn.1823327

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Conclusion: a Critical Response To The Critics1

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2020

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“…A small-claims mediation scheme has existed in Edinburgh Sheriff Court since 1998. And, in 2016, new rules came into force requiring judges to encourage ADR in actions of up to £5,000 (Act of Sederunt (Simple Procedure) 2016, SSI 2016/200)a significant and surprising innovation (Irvine, 2016).…”

Section: Conclusion: a Critical Response To The Criticsmentioning

confidence: 99%

What do ‘lay’ people know about justice? An empirical enquiry

Irvine

2020

International Journal of Law in Context

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When mediation places decision-making power in the hands of lay disputants it raises troubling issues. Can justice be delivered without judicial assistance? What is the effect on the legal system? And how should outcomes thus achieved be regarded? Critics have tended to answer negatively, pointing to a range of harms including individual oppression and the vanishing trial. Such views, focusing too narrowly on conformity to legal norms, overlook ordinary people's capacity for justice reasoning. A recent Scottish pilot study of small-claims mediation parties illustrates the richness and complexity of their thinking around whether, and for how much, to settle. This suggests that mediation settlements, rather than representing second-class justice, may enhance the legitimacy of the legal system. Implications for theories of justice are considered.

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Section: Conclusion: a Critical Response To The Criticsmentioning

confidence: 99%