Past, Present and Future of Mediation in Nordic Countries

Ervasti, Kaijus

doi:10.1007/978-3-319-73019-6_12

Cited by 6 publications

(3 citation statements)

References 28 publications

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“…We also find traces of mediation in legislation in the medieval and early modern times (Adrian 2014;Nylund 2017;Sunde 2014). See more on the history of mediation in the Nordic countries in Ervasti (2018).…”

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confidence: 62%

Introduction to Nordic Mediation Research

Nylund

Ervasti

Adrian

2018

Nordic Mediation Research

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This is an introduction to a collection of articles in the book Nordic mediation research. The background and history of mediation in the Nordic, or Scandinavian, countries is presented. The areas of mediation practice in the Nordic countries and Nordic mediation research are also introduced. 1 Background and History of Mediation in the Nordic Countries The Nordic-or Scandinavian countries 1-Denmark, Finland, Iceland, Norway and Sweden have close geographic, historical, social, economic, cultural, linguistic and legal ties. The economies are organised in a similar manner in what is sometimes

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confidence: 62%

Introduction to Nordic Mediation Research

Nylund

Ervasti

Adrian

2018

Nordic Mediation Research

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“…For example, Nordic countries apply non-adversarial approaches in certain criminal cases in recognition that a sincere apology by a perpetrator may constitute a significant element of redress for a victim of crime involving physical or 103 mental damage. 112 Non-adversarial conflict resolution was also introduced in some types of civil cases. 113 Australia introduced and still applies optional conciliation in conflicts involving human rights abuse in the form of racial or gender-based discrimination caused by local private entities.…”

Section: Non-adversarial Conflict Resolutionmentioning

confidence: 99%

Confronting Challenges to Substantive Remedy for Victims: Opportunities for OECD National Contact Points under a Due Diligence Regime Involving Civil Liability

Buhmann

2023

Bus. and hum. rights j.

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This article examines the under-researched, inter-connected issues of substantive remedy and a role for Organization for Economic Cooperation and Development (OECD) National Contact Points (NCPs) to complement judicial remedy regimes involving civil liability for companies in home-state jurisdictions. Even where access to judicial procedural remedy exists, it need not ensure substantive remedy. Legal and economic resource-based power-disparities between parties can reduce victims’ opportunities to present and argue their case; and courts offer limited substantive remedy options compared with the types listed by the United Nations Guiding Principles on Business and Human Rights. The article argues that combining access to NCPs and judicial remedy offers important opportunities to address well-recognized challenges for victims’ access to substantive remedy, especially with strong NCPs. NCPs can operate in ways that courts normally cannot, to help give victims voice and a choice of substantive outcome. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) proposal serves as a cue for the analysis. However, the issue is relevant for any OECD member or the OECD Guidelines adherent state.

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“…This mediation is also known as compulsory mediation because the law requires the existence of mediation before litigation (Syukur & Bagshaw, 2013). A judge, court's registrar or private person who has been appointed by the court can conduct the court-annexed mediation (Ervasti, 2018). Thus, courtannexed mediation is amicable dispute settlement under the supervision of the court.…”

Section: Court-annexed Mediation and Its Objectivesmentioning

confidence: 99%

Towards Effective Court- Annexed Mediation on Commercial Disputes in Zanzibar

Mzee

Othman

2020

IJLGC

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Commercial activities in Zanzibar are developing every day. This development, however, contributes to the rise of disputes among its key players such as sellers, buyers, suppliers and consumers of goods or services. To ensure the commercial disputes are resolved effectively and speedily the government of Zanzibar has established a commercial court division at the High Court level to settle commercial disputes. One of the procedures of handling commercial disputes in commercial court is through court-annexed mediation. Thus, this paper examines the existing law governing the court-annexed mediation in Zanzibar as a way to find how far it can help to solve commercial disputes effectively without engaging in litigation. The methodology adopted in this paper based on the content analysis of legislations, decided cases, leading textbooks and journal articles. The study also uses a comparative method where necessary to address the study in question. The paper proposes some measures for improving existing court-annexed mediation in Zanzibar such as; amendment of Civil Procedure Decree, making court-annexed mediation compulsory, mediation at subordinate courts and public awareness on the court-annexed mediation.

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Past, Present and Future of Mediation in Nordic Countries

Cited by 6 publications

References 28 publications

Introduction to Nordic Mediation Research

Introduction to Nordic Mediation Research

Confronting Challenges to Substantive Remedy for Victims: Opportunities for OECD National Contact Points under a Due Diligence Regime Involving Civil Liability

Towards Effective Court- Annexed Mediation on Commercial Disputes in Zanzibar

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