Unwrapping Court-Connected Mediation Agreements

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

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

Harvard

Adrian, L & Mykland, S 2018, Unwrapping Court-Connected Mediation Agreements. in A Nylund, K Ervasti & L Adrian (eds), Nordic Mediation Research. Springer, Cham, Switzerland, pp. 83-103. https://doi.org/10.1007%2F978-3-319-73019-6

APA

Adrian, L., & Mykland, S. (2018). Unwrapping Court-Connected Mediation Agreements. In A. Nylund, K. Ervasti, & L. Adrian (Eds.), Nordic Mediation Research (pp. 83-103). Springer. https://doi.org/10.1007%2F978-3-319-73019-6

Vancouver

Adrian L, Mykland S. Unwrapping Court-Connected Mediation Agreements. In Nylund A, Ervasti K, Adrian L, editors, Nordic Mediation Research. Cham, Switzerland: Springer. 2018. p. 83-103 https://doi.org/10.1007%2F978-3-319-73019-6

Author

Adrian, Lin ; Mykland, Solfrid. / Unwrapping Court-Connected Mediation Agreements. Nordic Mediation Research. editor / Anna Nylund ; Kaijus Ervasti ; Lin Adrian. Cham, Switzerland : Springer, 2018. pp. 83-103

Bibtex

@inbook{34d0fc079418480680a562d243506edf,
title = "Unwrapping Court-Connected Mediation Agreements",
abstract = "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.",
author = "Lin Adrian and Solfrid Mykland",
year = "2018",
doi = "10.1007%2F978-3-319-73019-6",
language = "English",
isbn = "978-3-319-73018-9",
pages = "83--103",
editor = "Anna Nylund and Kaijus Ervasti and Lin Adrian",
booktitle = "Nordic Mediation Research",
publisher = "Springer",
address = "Switzerland",

}

RIS

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