Unwrapping Court-Connected Mediation Agreements
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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Unwrapping Court-Connected Mediation Agreements. / Adrian, Lin; Mykland, Solfrid.
Nordic Mediation Research. ed. / Anna Nylund; Kaijus Ervasti; Lin Adrian. Cham, Switzerland : Springer, 2018. p. 83-103.Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - Unwrapping Court-Connected Mediation Agreements
AU - Adrian, Lin
AU - Mykland, Solfrid
PY - 2018
Y1 - 2018
N2 - Court-connected mediated agreements seem to both fulfil and fail theideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent contradiction within the court-connected mediation practice.
AB - Court-connected mediated agreements seem to both fulfil and fail theideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent contradiction within the court-connected mediation practice.
UR - https://link.springer.com/content/pdf/10.1007%2F978-3-319-73019-6_6.pdf
U2 - 10.1007%2F978-3-319-73019-6
DO - 10.1007%2F978-3-319-73019-6
M3 - Book chapter
SN - 978-3-319-73018-9
SP - 83
EP - 103
BT - Nordic Mediation Research
A2 - Nylund, Anna
A2 - Ervasti, Kaijus
A2 - Adrian, Lin
PB - Springer
CY - Cham, Switzerland
ER -
ID: 195900901