Comparison of Mediation and Litigation in Dispute Resolution: The Impact of Culture on Fairness and Acceptability of Outcomes in Multicultural Societies
Main Article Content
Abstract
Dispute resolution is very important to maintain harmony in society, especially in a multicultural society. This article examines a comparison between two commonly used dispute resolution methods, mediation and litigation, with a focus on their impact on social relations, costs, and acceptance of the settlement outcome by all parties involved. Cultural differences play a significant role in determining the most appropriate method for each social group. Mediation, with its emphasis on consensus and rapprochement, is more acceptable in societies that prioritize social harmony, while litigation, with its formal processes and more structured justice, is preferred in cultures that emphasize authority and legal certainty. Success in dispute resolution depends largely on the ability to adapt methods to the cultural values of the society in question. A legal system that is inclusive and sensitive to cultural differences can enhance the fairness and acceptability of dispute resolution outcomes. An understanding of cultural differences and increased training for legal practitioners and mediators are needed to create fair and effective dispute resolution processes in multicultural societies.
Article Details
Section
How to Cite
References
Boulle, L. (2005). Mediation: Principles, Process, Practice (3rd Ed.). LexisNexis Butterworths.
Bush, R. A. B., & Folger, J. P. (2012). Mediation and Social Justice: Risks and Opportunities. Ohio State Journal on Dispute Resolution, 27(1), 1-52.
Deason, E. E. (2005). Procedural Rules for Complementary Systems of Litigation and Mediation-Worldwide. Notre Dame Law Review, 80(2), 553.
Deutsch, M., Coleman, P. T., & Marcus, E. C. (Eds.). (2011). The Handbook of Conflict Resolution: Theory and Practice. John Wiley & Sons.
Leung, K. (2013). How Generalizable are Justice Effects Across Cultures?. In Handbook of Organizational Justice. Psychology Press.
Lewicki, R. J., Weiss, S. E., & Lewin, D. (1992). Models of Conflict, Negotiation and Third Party Intervention: A Review and Synthesis. Journal of Organizational Behavior, 13, 209-252.
Mather, L., McEwen, C. A., & Maiman, R. (2001). Divorce Lawyers at Work: Varieties of Professional Practice in Law and Mediation. Oxford University Press.
Mayer, B. S. (2010). The Dynamics of Conflict Resolution: A Practitioner's Guide. John Wiley & Sons.
Melenko, O. (2020). Mediation as an Alternative form of Dispute Resolution: Comparative-legal Analysis. European Journal of Law and Public Administration, 7(2), 46-63.
Menkel-Meadow, C. (2004). From Legal Disputes to Conflict Resolution and Human Problem Solving: Legal Dispute Resolution in a Multidisciplinary Context. Journal of Legal Education, 54(1), 7-29.
Moffitt, M. L., & Bordone, R. C. (Eds.). (2012). The Handbook of Dispute Resolution. John Wiley & Sons.
Moore, C. W. (2014). The Mediation Process: Practical Strategies for Resolving Conflict. John Wiley & Sons.
Morasso, S. G. (2011). Argumentation in Dispute Mediation: A Reasonable Way to Handle Conflict. John Benjamins Publishing.
Rubinson, R. (2004). Client Counseling, Mediation, and Alternative Narratives of Dispute Resolution. Clinical Law Review, 10(2), 833.
Rusakova, E. P., Frolova, E. E., & Inshakova, A. O. (2019). The Procedure of Mediation in the Age of Industry 4.0. In Institute of Scientific Communications Conference, 947-953.
Singer, L. (2018). Settling Disputes: Conflict Resolution in Business, Families, and the Legal System. Routledge.
Smolyaninova, O. G. (2020). Conflicts and Mediation in a Multicultural Society: Psychological, Pedagogical and Sociological Aspects. Journal of Siberian Federat University. Humanities & Social Science, 13(9), 1428-1434.