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Title: A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation
Author(s): Yu, Hong-Lin
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Editor(s): Lo, C-F
Li, N
Lin, T-Y
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, Li N & Lin T (eds.) 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.;
Keywords: Mediation
Implied compulsory mediation
Issue Date: 2016
Date Deposited: 5-Oct-2016
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.
DOI Link: 10.1007/978-981-10-1995-1_32
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