Jump to ContentJump to Main Navigation
MediationPrinciples and Regulation in Comparative Perspective$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 October 2019

Mediation in the USA: Alternative Dispute Resolution between Legalism and Self-Determination

Mediation in the USA: Alternative Dispute Resolution between Legalism and Self-Determination

Chapter:
(p.1245) Chapter 25 Mediation in the USA: Alternative Dispute Resolution between Legalism and Self-Determination
Source:
Mediation
Author(s):

Rainer Kulms

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199653485.003.0025

In the United States, federal and state laws on mediation consist of a complex body of statutes, codes of civil procedure, local rules of court and common law rules of contract. Current practice strikes a balance between self-determination and court-ordered dispute settlement. As legalism crept in, California, Florida, Ohio (and, to a lesser extent, Texas) took the lead in regulating the relationship between mediation and the regular trial, incentives to mediate, confidentiality, enforcement of settlements and professional standards for mediators. This study reviews the substantive laws in leading US jurisdictions (including cost issues) and addresses specific mediation proceedings for bankruptcy and foreclosure, as well as in family, labour, criminal and administrative law. After four decades of alternative dispute resolution, the climate for mediation is changing again. Dispute resolution is shifting from the authoritative trial to alternative dispute settlement. Procedural justice has to compensate for abandoning the proverbial day in court.

Keywords:   USA, mediation, alternative dispute resolution, California, Florida, Ohio, Texas, bankruptcy, foreclosure, civil procedure

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .