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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems.
Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties' self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
List of contents
Lin Adrian, Kaijus Ervasti and Anna Nylund, Introduction to Nordic Mediation Research.- Part I Systemic Aspects of Nordic Mediation: Anna Nylund, A Dispute Systems Design Perspective on Norwegian Child Custody Mediation.- Christian B N Gade, "Restorative Justice" - History of the Term's International and Danish Use.- Vaula Haavisto, Developing Family Mediation in Finland - The Change Process and Practical Outcomes.- Maritha Jacobsson, Lottie Wahlin and Eva Fromholz, Victim Offender Mediation in Sweden - an Activity Falling Apart?.- Part II The Mediator, Mediation Process and Outcome: Lin Adrian and Solfrid Mykland, Unwrapping Court-Connected Mediation Agreements.- Camilla Bernt, Custody Mediation in Norwegian Courts - A Conglomeration of Roles and Processes.- Ida Helene Asmussen, Mediation in Light of Modern Identity.- Katrine Barnekow Rasmussen, When is Restorative justice? - Exploring the Implicationsof Restorative Processes in Juvenile Offence Cases Based on Interviews and Observations in Northern Ireland, Norway, and Orlando, Florida.- Part III Children's Rights and Mediation: Renee Thørnblad and Astrid Strandbu, The Involvement of Children in the Process of Mandatory Family Mediation.- Kirsikka Salminen, Mediation and the Best Interests of the Child from the Child Law Perspective.- Part IV Mediation in Theory and Practice: Kaijus Ervasti, Past, Present and Future of Mediation in Nordic Countries.- Maija Gellin, Mediation in Finnish Schools - from Conflicts to Restoration.
About the author
Lin Adrian is Associate professor and director of the executive Master in Mediation program at the University of Copenhagen. Anna Nylund is Professor of Law at the University of Tromsø.Kaijus Ervasti is Adjunct professor (docent) of the Procedural Law at the University of Eastern Finland and Adjunct professor (docent) of Empirical Studies of the Law at the University of Lapland.
Summary
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems.
Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
