A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation

Citation

Yu H (2016) A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation. In: Lo C, Li N & Lin T (eds.) Legal Thoughts between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma. Economics, Law, and Institutions in Asia Pacific. Cham, Switzerland: Springer, pp. 555-573. http://link.springer.com/chapter/10.1007/978-981-10-1995-1_32; https://doi.org/10.1007/978-981-10-1995-1_32

Abstract
The ultimate aim of mediation is to reach a mutually beneficial settlement between the disputants. This would require good faith in cooperation from both disputants. This chapter launches a jurisprudential investigation into different types of mediation in Taiwan and England against Confucianism, legalism, naturalism and positivism. The paper concludes that voluntary mediation and compulsory mediation share a different basis and hence require different jurisprudential interpretations. Furthermore, an in-depth analysis on good faith in cooperation is also made to stress its importance in a successful mediation.

Keywords
Mediation; Implied compulsory mediation; Jurisprudence

People

Professor Hong-Lin Yu

Professor, Law