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1 - Introduction

Published online by Cambridge University Press:  21 August 2009

Tamara Relis
Affiliation:
Columbia University, New York
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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 Mediation
Lawyers, Defendants, Plaintiffs, and Gendered Parties
, pp. 1 - 32
Publisher: Cambridge University Press
Print publication year: 2009

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  • Introduction
  • Tamara Relis, Columbia University, New York
  • Book: Perceptions in Litigation and Mediation
  • Online publication: 21 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575280.001
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  • Introduction
  • Tamara Relis, Columbia University, New York
  • Book: Perceptions in Litigation and Mediation
  • Online publication: 21 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575280.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Tamara Relis, Columbia University, New York
  • Book: Perceptions in Litigation and Mediation
  • Online publication: 21 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575280.001
Available formats
×