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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in Norway. ‘Faster, Cheaper and more Friendly’

Mediation in Norway. ‘Faster, Cheaper and more Friendly’

(p.1137) Chapter 22 Mediation in Norway. ‘Faster, Cheaper and more Friendly’
Anneken Karl Sperr
Oxford University Press

This chapter analyses the regulation and practice of mediation in Norway. Key issues include conciliation in the sense of a traditional settlement negotiation, a proposed standard agreement for extra-judicial mediation and the promotion of an autonomous judicial mediation process pursuant to the Norwegian Dispute Act, which entered into force on 1 January 2008. Alternative conflict resolution mechanisms have a long tradition in Norway and mediation, as the most successful method, was attached a great value not only in the new Dispute Act, but also in the process guidelines laid down in Norwegian family law. Against this background the mediation training for judges appears somewhat modest, especially when taking into account that the different types of mediation regulations provide mediators with a broad discretion for tailoring their duties and processes to the individual circumstances of the case. Nevertheless a number of empirical studies regard the different judicial mediation procedures as being a ‘faster, cheaper and more friendly’ means of conflict resolution than ordinary court proceedings.

Keywords:   Norway, mediation, Norwegian Dispute Act, judicial mediation, mediators, Norwegian family law

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