The Jurisprudence of Mediation

Sidoli, Julian (2020). The Jurisprudence of Mediation. In: Claydon, Lisa; Derry, Caroline and Ajevski, Marjan eds. Law in Motion: 50 years of Legal Change. The Open University Law School, pp. 150–167.

URL: http://www.open.ac.uk/blogs/50YearsOfLaw/?p=210

Abstract

This chapter provides a theoretical account of mediation - a process of dispute resolution that has grown significantly over the past 50 years. It argues that there are three central theoretical models - the pragmatic, the transformative and the narrative, with all other models being ultimately iterations of the latter. The chapter then discusses what various theorists argue are the fundamental features or qualities of mediation. These features include privacy and informality. The chapter concludes by arguing that, in fact, only voluntariness and autonomy, bottom-up justice, and plurality are central to a true jurisprudence of mediation.

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