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Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson
Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Mediation has been plagued with a problem of legitimacy. Genn stated that mediation “does not contribute to substantive justice because mediation requires the parties to relinquish ideas of legal rights during mediation and focus, instead, on problem-solving”. Mediation appears to be all about procedural justice, a concept that is associated with perceptions of fair treatment. And procedural justice does not seem to have any discernible link with substantive justice, in terms of giving effect to well-accepted norms.This blog entry is drawn from a paper that was presented at the Australasian Dispute Resolution Research Network 6th Annual Roundtable and the LSAANZ …