Is mediation a process of ‘law’? A Hart-Ian perspective
Mediation, as a form of dispute resolution, is widely practiced. Nations across the world recognize it as an increasingly appropriate form of dispute resolution. But the existential question remains. Can we rightly ascribe the word ‘law’ to the processes of mediation? This article makes one qual...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2021
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| Online Access: | http://journalarticle.ukm.my/16684/ http://journalarticle.ukm.my/16684/1/44120-151931-1-PB.pdf |
| _version_ | 1848814114269298688 |
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| author | Wong, Jing Zhi |
| author_facet | Wong, Jing Zhi |
| author_sort | Wong, Jing Zhi |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | Mediation, as a form of dispute resolution, is widely practiced. Nations across the world recognize it as an increasingly
appropriate form of dispute resolution. But the existential question remains. Can we rightly ascribe the word ‘law’ to
the processes of mediation? This article makes one qualified proposition. Mediation is an extra-legal process, unless it
is used to realize the law (and justice). This is for two reasons. First, mediation’s processes and mediated outcomes do
not in themselves cause judges’ obeisance and adherence. Mediated settlements must rely on the law of contract for its
validity and efficacy. Second, even if mediation is legislated to form part of our law, it is extra-legal. It does not comport
with the minimum content of natural law in that it does not guarantee the realization of the law and access to justice. If
we are to regard mediation as law, mediation must be used to realize the law and guarantee access to justice. |
| first_indexed | 2025-11-15T00:28:56Z |
| format | Article |
| id | oai:generic.eprints.org:16684 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:28:56Z |
| publishDate | 2021 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org:166842021-06-02T15:12:36Z http://journalarticle.ukm.my/16684/ Is mediation a process of ‘law’? A Hart-Ian perspective Wong, Jing Zhi Mediation, as a form of dispute resolution, is widely practiced. Nations across the world recognize it as an increasingly appropriate form of dispute resolution. But the existential question remains. Can we rightly ascribe the word ‘law’ to the processes of mediation? This article makes one qualified proposition. Mediation is an extra-legal process, unless it is used to realize the law (and justice). This is for two reasons. First, mediation’s processes and mediated outcomes do not in themselves cause judges’ obeisance and adherence. Mediated settlements must rely on the law of contract for its validity and efficacy. Second, even if mediation is legislated to form part of our law, it is extra-legal. It does not comport with the minimum content of natural law in that it does not guarantee the realization of the law and access to justice. If we are to regard mediation as law, mediation must be used to realize the law and guarantee access to justice. Penerbit Universiti Kebangsaan Malaysia 2021 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/16684/1/44120-151931-1-PB.pdf Wong, Jing Zhi (2021) Is mediation a process of ‘law’? A Hart-Ian perspective. Jurnal Undang-Undang dan Masyarakat, 28 . pp. 18-34. ISSN 1394-7729 https://ejournal.ukm.my/juum/issue/view/1378 |
| spellingShingle | Wong, Jing Zhi Is mediation a process of ‘law’? A Hart-Ian perspective |
| title | Is mediation a process of ‘law’? A Hart-Ian perspective |
| title_full | Is mediation a process of ‘law’? A Hart-Ian perspective |
| title_fullStr | Is mediation a process of ‘law’? A Hart-Ian perspective |
| title_full_unstemmed | Is mediation a process of ‘law’? A Hart-Ian perspective |
| title_short | Is mediation a process of ‘law’? A Hart-Ian perspective |
| title_sort | is mediation a process of ‘law’? a hart-ian perspective |
| url | http://journalarticle.ukm.my/16684/ http://journalarticle.ukm.my/16684/ http://journalarticle.ukm.my/16684/1/44120-151931-1-PB.pdf |