Perceptions in litigation and mediation : lawyers, defendants, plaintiffs, and gendered parties / Tamara Relis.

Format:

Book

Author/Creator:

Relis, Tamara, author.

Language:

English

Subjects (All):

Mediation.

Dispute resolution (Law).

Actions and defenses.

Physical Description:

1 online resource (xix, 279 pages) : digital, PDF file(s)

Other Title:

Perceptions in Litigation & Mediation

Place of Publication:

Cambridge : Cambridge University Press, 2009.

System Details:

text file

PDF

Summary:

Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.

Contents:

Great misconceptions or disparate perceptions of plaintiffs' litigation aims?

Voluntary versus mandatory mediation divide

Consequences of power : legal actors versus disputants on defendants' attendance at mediation

Actors' mediation objectives : how lawyers versus parties plan to resolve their cases short of trial

Perceptions during mediations

Parallel views on mediators and styles

Conclusion : the parallel understandings and experiences in case processing and mediation.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511575280

Access Restriction:

Restricted for use by site license.