Re-appraising mediation's value of self-determination

Title: Re-appraising mediation's value of self-determination
Creator: Boulle, Laurence; Field, Rachael
Relation: Australasian Dispute Resolution Journal Vol. 30, Issue 2, p. 96-104
Relation: https://sites.thomsonreuters.com.au/journals/2020/03/30/australasian-dispute-resolution-journal-update-vol-30-pt-2/
Publisher: LawBook Co.
Resource Type: journal article
Date: 2020
Description: Party self-determination remains a core legitimising value proposition of contemporary mediation and is central to how the process is defined. However, realising party self-determination in practice is challenging across the diverse range of mediation models and approaches. In this article we seek to reconcile our aspirational and pragmatic selves in awareness of the fact that the pluralistic circumstances of mediation practice provide challenges to the postulation of self-determination as a consistent value in all mediation’s manifestations. The article explores contemporary conceptualisations of party self-determination in the context of mediation; interrogates the limitations of self-determination; and considers what safeguards might be necessary to ensure that self-determination continues to remain an important and viable foundational value of mediation into the future.
Subject: self-determination; remediation; party; model
Identifier: http://hdl.handle.net/1959.13/1468230
Identifier: uon:48024
Identifier: ISSN:1441-7847
Language: eng
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