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Grounded in interpretive theory and offering interdisciplinary
insights from sociological, psychological, and gender studies, this
book addresses the question - How do professional, lay, and
gendered actors understand and experience case processing in
litigation and mediation? Drawing on data from 131 interviews,
questionnaires, and observations of plaintiffs, defendants,
lawyers, and mediators involved in 64 fatality and medical injury
cases, the book challenges dominant understandings of how formal
legal processes and dispute resolution work in practice as well as
the notion that disputants and their representatives broadly
understand and want the same things during case processing. In
juxtaposing actors' discourse on all sides of ongoing cases on
issues such as expectations, needs, comprehensions of what
plaintiffs seek from the legal system, objectives for resolving
conflict at mediation, and perceptions of what occurs during
attempts at case resolution, the findings reveal inherent problems
with the core workings of the legal system. By providing in-depth
views on the micro-elements of case processing, the book uncovers
important issues about formal and informal justice, the
inextricability of disputants' legal and often overriding
extra-legal needs, and current paradigms relating to professional,
lay, and gendered identities. This book is unique in examining and
understanding the workings of the legal system through juxtaposing
lawyers', plaintiffs', defendants' and mediators' perceptions of
litigation and mediation in ongoing litigated cases. This has not
been done before, as access difficulties are immeasurable * The
book adds to the paucity of in-depth empirical data from plaintiffs
and defendants themselves on their motivations, perceptions and
extra-legal agendas during litigation and mediation. The findings
additionally offer insight into how female and male lawyers
practice law, and how female and male plaintiffs and defendants
experience legal processes.
Grounded in interpretive theory and offering interdisciplinary
insights from sociological, psychological, and gender studies, this
book addresses the question - How do professional, lay, and
gendered actors understand and experience case processing in
litigation and mediation? Drawing on data from 131 interviews,
questionnaires, and observations of plaintiffs, defendants,
lawyers, and mediators involved in 64 fatality and medical injury
cases, the book challenges dominant understandings of how formal
legal processes and dispute resolution work in practice as well as
the notion that disputants and their representatives broadly
understand and want the same things during case processing. In
juxtaposing actors' discourse on all sides of ongoing cases on
issues such as expectations, needs, comprehensions of what
plaintiffs seek from the legal system, objectives for resolving
conflict at mediation, and perceptions of what occurs during
attempts at case resolution, the findings reveal inherent problems
with the core workings of the legal system. By providing in-depth
views on the micro-elements of case processing, the book uncovers
important issues about formal and informal justice, the
inextricability of disputants' legal and often overriding
extra-legal needs, and current paradigms relating to professional,
lay, and gendered identities. This book is unique in examining and
understanding the workings of the legal system through juxtaposing
lawyers', plaintiffs', defendants' and mediators' perceptions of
litigation and mediation in ongoing litigated cases. This has not
been done before, as access difficulties are immeasurable * The
book adds to the paucity of in-depth empirical data from plaintiffs
and defendants themselves on their motivations, perceptions and
extra-legal agendas during litigation and mediation. The findings
additionally offer insight into how female and male lawyers
practice law, and how female and male plaintiffs and defendants
experience legal processes.
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