A Bad Compromise Is Better than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation

Hong-Lin Yu ()
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Hong-Lin Yu: University of Stirling

Chapter Chapter 32 in Legal Thoughts between the East and the West in the Multilevel Legal Order, 2016, pp 555-573 from Springer

Abstract: Abstract The ultimate aim of mediation is to reach a mutually beneficial settlement between the disputants. This would require good faith in cooperation from both disputants. This chapter launches a jurisprudential investigation into different types of mediation in Taiwan and England against Confucianism, legalism, naturalism and positivism. The paper concludes that voluntary mediation and compulsory mediation share a different basis and hence require different jurisprudential interpretations. Furthermore, an in-depth analysis on good faith in cooperation is also made to stress its importance in a successful mediation.

Keywords: Mediation; Implied compulsory mediation; Jurisprudence (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eclchp:978-981-10-1995-1_32

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DOI: 10.1007/978-981-10-1995-1_32

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