Chapter (in Edited Book) ()
Yu H (2016) A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation. In: Lo C-F, Li N, Lin T-Y (ed.). Legal Thoughts between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma. Economics, Law, and Institutions in Asia Pacific, Cham, Switzerland: Springer, pp. 555-573.
The ultimate aim of mediation is to reach a mutually beneficial settlement between the disputants. This would require good faith in cooperation from both disputants. This chapter launches a jurisprudential investigation into different types of mediation in Taiwan and England against Confucianism, legalism, naturalism and positivism. The paper concludes that voluntary mediation and compulsory mediation share a different basis and hence require different jurisprudential interpretations. Furthermore, an in-depth analysis on good faith in cooperation is also made to stress its importance in a successful mediation.
Mediation; Implied compulsory mediation; Jurisprudence
|Editor||Lo C-F, Li N, Lin T-Y|
|Title of series||Economics, Law, and Institutions in Asia Pacific|
|Place of publication||Cham, Switzerland|
|ISSN of series||2199-8620|