Chen Wei. A Comparative Analysis about the Legitimacy of Mediation and Judgment[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2012, (6): 56-60.
Citation:
Chen Wei. A Comparative Analysis about the Legitimacy of Mediation and Judgment[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2012, (6): 56-60.
Chen Wei. A Comparative Analysis about the Legitimacy of Mediation and Judgment[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2012, (6): 56-60.
Citation:
Chen Wei. A Comparative Analysis about the Legitimacy of Mediation and Judgment[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2012, (6): 56-60.
Mediation is considered to be inferior justice compared with justice by legal litigation through traditional idea. But this idea is challenged by the ADR movement in the United States. There are obvious defaults in judicial system. Sometimes mediation can get better results and lead to a win-win situation. It is not a serious problem of power unbalance in mediation with deterrent force from judicial system. China's judicial power is rather weak and mediation can help the weak clients to avoid worse situation in judicial procedure.
Owen Fiss. Against settlement[J]. Yale Law Journal,1984(93):1076.
[14]
Michael Coyle. Defending the weak and fighting unfairness: can mediators respond to the challenge? [J].Osgoode Hall Law Journal,1998 (36):647.
[15]
Robert Adler, Elliot Silverstein. When david meets goliath: dealing with power differentials in negotiations[J]. Harv Negotiation Journal, 2000(77):16-17.
[16]
Levine M I. Power imbalances in dispute resolution, in a study of barriers to the use of alternative methods of dispute resolution[J].Vermont Law School,1984 (146):151.
[17]
John Harrison. Environmental mediation: the ethical and constitutional dimension[J]. Journal of Environmental Law,1997(97):96.
[18]
Jordi Agustí Panareda. Power imbalances in mediation-questioning some common assumptions [J]. Dispute Resolution Journal, 2004(3):26.
[19]
Lon Fuller. Mediation: its forms and functions[J]. Southern California Law Review,1971 (44):325.
[20]
Chornenki. Mediating commercial disputes: exchanging "power over" for "power with",in rethinking disputes: the mediation alternative[M]. London: Cavendish Publishing,1997:164.
[21]
孙立平.社会转型:发展社会学的新议题[J].社会学研究,2005(1):22.
[22]
Jack B Weinstein. Some benefits and risks of privatization of justice through ADR[J]. OHIO ST J ON DISP RESOL,1996 (11):295.
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