Human, not too Human: Why is Mediation a Profound Alternative to the Legal Proceedings

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Abstract

This article presents an attempt to understand why mediation has gained so much popularity in the western world in the last three decades. I will demonstrate how mediation, of all the processes that have sprung under the umbrella of the ADR movement, responds to some basic human needs and offers a way to thoroughly deal with authoritarian tendencies and patterns common, too common, in modern everyday life. A wider understanding of these needs can help emphasize the added values of the mediation process as a profound alternative to the legal proceedings as a mechanism for transforming disputes.
Original languageEnglish
Pages (from-to)139-167
JournalStudies in Law Politics and Society
Volume50
StatePublished - 2009

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