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http://hdl.handle.net/1893/24359| 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 |
| Author(s): | Yu, Hong-Lin |
| Contact Email: | h.l.yu@stir.ac.uk |
| 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. http://link.springer.com/chapter/10.1007/978-981-10-1995-1_32; https://doi.org/10.1007/978-981-10-1995-1_32 |
| Keywords: | Mediation Implied compulsory mediation Jurisprudence |
| 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. |
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| URL: | http://link.springer.com/chapter/10.1007/978-981-10-1995-1_32 |
| DOI Link: | 10.1007/978-981-10-1995-1_32 |
| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
| File | Description | Size | Format | |
|---|---|---|---|---|
| 32_A Bad Compromise Is Better Than a Good Lawsuit Mutual Influence Between the East and the West on Mediation.pdf | Fulltext - Accepted Version | 456.51 kB | Adobe PDF | Under Embargo until 3000-12-01 Request a copy |
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