Book contents
- Frontmatter
- Contents
- List of tables
- List of figures
- List of abbreviations
- Acknowledgments
- 1 Introduction
- 2 Great misconceptions or disparate perceptions of plaintiffs' litigation aims?
- 3 The voluntary versus mandatory mediation divide
- 4 Consequences of power: Legal actors versus disputants on defendants' attendance at mediation
- 5 Actors' mediation objectives: How lawyers versus parties plan to resolve their cases short of trial
- 6 Perceptions during mediations
- 7 Parallel views on mediators and styles
- 8 Conclusion: The parallel understandings and perceptions in case processing and mediation
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 21 August 2009
- Frontmatter
- Contents
- List of tables
- List of figures
- List of abbreviations
- Acknowledgments
- 1 Introduction
- 2 Great misconceptions or disparate perceptions of plaintiffs' litigation aims?
- 3 The voluntary versus mandatory mediation divide
- 4 Consequences of power: Legal actors versus disputants on defendants' attendance at mediation
- 5 Actors' mediation objectives: How lawyers versus parties plan to resolve their cases short of trial
- 6 Perceptions during mediations
- 7 Parallel views on mediators and styles
- 8 Conclusion: The parallel understandings and perceptions in case processing and mediation
- Bibliography
- Index
Summary
This book is an analytical study exploring through actors' understandings, perceptions and experiences the internal dynamics and realities of case processing in the legal system leading up to and including mediation. By looking at the jigsaw of views, I attempt to infer something about the system of mediation in which all actors have a part, but none knows the whole play. Specifically, the research addresses the question, “How do the diverse professional, lay, and gendered actors understand and experience case processing leading up to and including mediation in legal disputes?” Thus, in terms of theoretical framework, in sharp contrast to many studies to date that have focused on structural features of litigation and mediation – some informed by a neo–systems theory perspective – this book focuses on recovering actors' understandings and meanings affecting their actions within the interface of social structure, here being mediation and related litigation processes.
The findings can be conceptualized as a story about a drama and its actors (Turner 1974). It is a drama entailing different forms of communication, a drama of tactics and strategy as well as one representing highly meaningful and potentially life-altering experiences – depending on which of the actors describes it. Indeed, understandings of the drama's meaning and purpose are divergent. It is a drama of incongruous yet converging interests, perceptions, intrigues, and humanity. It is a drama about money and human lives. The drama offers various opportunities for its actors. Yet, the actors have differing needs and desires.
- Type
- Chapter
- Information
- Perceptions in Litigation and MediationLawyers, Defendants, Plaintiffs, and Gendered Parties, pp. 1 - 32Publisher: Cambridge University PressPrint publication year: 2009