Tuesday, August 26

The role of mediation in public law proceedings

This one is for mediators in Commonwealth jurisdictions.

New Zealand lawyer, Paul Radich, considers the role of ADR in public law/judicial review proceedings.

"While recent years have seen a marked increase in most areas of civil law in the use of alternative dispute resolution, most notably mediation, the field of public law has been the most resistant to this general trend.

It is difficult, some would say, to envisage open negotiation on issues of legality, compromises at the expense of rights and freedoms, or the submission of the exercise of discretionary powers to a mediation agreement..." [read more]

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