Mediation's Values: An Examination of the Values Behind Five Mediation Texts

Irvine, Charlie

doi:10.2139/ssrn.1686195

Cited by 2 publications

(1 citation statement)

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“…It links reason and justice, and brings both to bear in evaluating substantive legal rules (as do contemporary lawyers, claims Gordon (1999)). It seems a good fit with mediation models that place the parties as decision-makers and express faith in human rationality (Irvine, 2007). Other approaches may also prove fruitful, such as identity theory (Stets and Osborn, 2008), the notion of moral community (Deutsch, 2014) or Gilligan's (1982) ethic of care/ethic of justice dichotomy.…”

Section: Implications For Theories Of Justicementioning

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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