|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Title:||A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation|
|Citation:||Yu H (2016) A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation. In: Lo C-F, Li N, Lin T-Y (ed.). Legal Thoughts between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma. Economics, Law, and Institutions in Asia Pacific, Cham, Switzerland: Springer, pp. 555-573.|
Implied compulsory mediation
|Series/Report no.:||Economics, Law, and Institutions in Asia Pacific|
|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.|
|Rights:||The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.|
|32_A Bad Compromise Is Better Than a Good Lawsuit Mutual Influence Between the East and the West on Mediation.pdf||456.51 kB||Adobe PDF||Under Embargo until 31/12/2999 Request a copy|
Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependant on the depositor still being contactable at their original email address.
This item is protected by original copyright
Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.
If you believe that any material held in STORRE infringes copyright, please contact email@example.com providing details and we will remove the Work from public display in STORRE and investigate your claim.