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Underpinned by a hybrid methodology (ranging from social sciences
to human sciences), this book parses mediation in four
perspectives, which stands as an unparalleled methodological
approach so far. Mediation has long been tethered to piecemeal and
haphazard approaches, which have flatly failed to capture the gist
of the uniqueness of this (often) poorly latched on (and poorly
understood) dispute resolution mechanism. This book argues that, in
order to fully grasp the richness of such dispute resolution
mechanism, mediation must be parsed in four tiers. The first tier
is the social dynamics of mediation. The second tier is the
cultural dynamics of mediation. The third tier is the legal
dynamics of mediation. The fourth tier is the cross-border and
cross-cultural dynamics of mediation. Taken together, the four
tiers that premise the four-tiered model of mediation seek to
unlock the finding in view of which law and social reality are
tightly interlocked. In this vein, it is the underlying social
reality of a given jurisdiction that should dictate the design of a
pre-suit court-connected mandatory mediation with an easy opt-out,
a central claim of both social dynamics of mediation (the first
tier of the four-tiered model of mediation) and legal dynamics of
mediation (the third tier of the four-tiered model of mediation).
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