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The purpose of this paper is to examine the impact of recent civil justice reforms in five jurisdictions including Singapore, Malaysia, Hong Kong, the UK and Canada on the resolution of civil and commercial disputes.

The study, drawing on a comparative cross‐jurisdictional methodology, reviews the scope and nature of such reforms and examines lessons learned regarding implementation.

The findings of the research indicate that such reforms are most effective where regular evaluation to fine‐tune mediation rules occurs concurrently and in conjunction with the implementation of such reforms.

The limitation of this research is that it is confined to already existing court case statistics, judicial commentaries and reviews of the five selected jurisdictions.

The practical implications of the study find that in general, civil justice reforms have made some progress in achieving the aims of encouraging cost‐effective, expeditious and amicable case handling within the civil justice system.

The paper contributes to a global analysis of effective approaches to civil justice reform and in particular reforms in mediated case handling.

The purpose of this paper is to obtain insight into court-referred mediation in the Israeli Labor Courts, by analyzing its processes and outcomes, as a function of tactics used by both the disputants and the mediator.

Observation of 103 court-referred mediations, for each of which a detailed process and outcome were documented. Data on disputants' refusal to participate in the mediation was also collected. At the end of each mediation case, disputants were given a questionnaire in which they expressed their satisfaction with the outcome and their evaluation of the mediator's contribution.

A low rate of refusal to participate in court-referred mediation was found. Also, the higher the ratio of soft tactics to pressure tactics employed (by all parties involved) during the process, the higher the rate of agreements. Mediators use significantly more soft tactics than disputants, and are more active in using tactics. The two significant variables that predict the mediation's agreement are the ratio between soft tactics to pressure tactics used by all parties, and mediator contribution to the process.

The significant role of soft tactics in the process, outcome, and satisfaction of court-referred mediation may serve as a guideline for disputants and mediators.

This unique research, which examines the impact of tactics on court-referred mediation, may provide added and significant theoretical insight into its process and outcome, as well as a better understanding of other “hybrid” (compulsory at the beginning, voluntary at the end) mediations.

This paper aims to examine how the law may play a role in mediation by paying special attention to how the law is excluded from and included in the process of court mediation in China.

Hundred model court mediation cases selected by the Supreme People’s Court of China were analysed and reviewed.

The law is relevant in Chinese-style court mediation in four ways: first, judge-mediators are intended to use mediation to avoid resolving legal difficulties or challenges; second, judge-mediators consult the law to anticipate the losing party and the potential negative effects that might result from the adjudication; third, judge-mediators refer to the law to propose a mediation scheme or plan to guide the parties to settle; and fourth, judge-mediators would use the law as a bargaining chip in various ways to induce the parties to settle.

Standards should be set out for the use of law in the mediation process to standardise judge-mediators’ actions, to ensure that the law is not used coercively to push settlement, which would undermine the parties’ self-determination in mediation.

This paper provides an original understanding of how law affects the process, the outcomes and, ultimately, the nature of settlements that parties achieve through court mediation in China. This study contributes to the literature that argues that ethical norms and legal standards should be set to direct those legal evaluations.

The purpose of this paper is to consider the circumstances in which a refusal to refer a construction dispute to mediation may be judged acceptable in the English Technology and Construction Court (TCC), thus avoiding the imposition of a costs penalty.

The paper uses traditional doctrinal legal methodology in the evaluation of judicial statements in the TCC on the criteria for determining the appropriate use of mediation and combines this with a socio‐legal approach which examines empirical findings on settlement outcome.

An analysis of TCC cases indicates a significant steer from the judiciary on when construction cases are deemed appropriate for the process of mediation. Most cases are identified as suitable, particularly if they involve small sums compared to litigation and where there is uncertainty about factual and legal issues. Judges continue to emphasise the ability of skilled mediators to deal with intractable parties and the importance of continuing commercial relationships despite empirical evidence to the contrary. The personal experiences and perceptions of TCC judges continue to drive mediation “appropriateness criteria”. This could work negatively against its true potential if construction parties' actual experience of the mediation process involves less‐experienced mediators or a failure to achieve settlement.

The paper provides a detailed and scholarly analysis of the application of Court of Appeal's decision in Halsey in the TCC with specific reference to built environment cases. It evaluates empirical findings on the effectiveness of construction mediation on settlement outcome with the judicial steer on “appropriateness criteria”. It is of value to legal scholars, legal practitioners and researchers in the built environment.

The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of its efforts to consolidate its enviable Islamic finance industry, has strengthened its institutional framework for dispute resolution.

Data for this study were collected from both primary and secondary legal sources. Through a conceptual legal analysis, the institutional frameworks of dispute resolution in the Malaysia’s Islamic finance industry are studied.

The study finds that Malaysia is far ahead of other jurisdictions by a significant margin in spearheading reforms in the emerging global Islamic finance industry. The dispute resolution framework has been largely affected by the recent reforms.

Other jurisdictions may borrow a leaf from Malaysia’s initiative in providing a robust legal framework for dispute management in the Islamic finance industry.

Apart from adopting Malaysia’s framework and possibly adapting it to suit their specific local variations, other jurisdictions may also encourage Islamic financial institutions to incorporate effective dispute resolution processes in Islamic finance contracts.

This study critically discussed most recent developments in the institutional framework on dispute resolution in the Islamic finance industry in Malaysia.

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its past and continues to influence the present, and where the presence of ethnic and religious minorities must be noticed. In this chapter, we aim to survey the use of cultural mediation in Portuguese law, as well as case law and culture centered mediation out of courts, in order to understand whether the concept of cultural expertise, in a broad sense, might be useful. Although it is a “contested concept,” culture is understood, for the purposes of this chapter, in a dynamic and non-essentialist sense, as a valuable asset providing context and significance to people’s lives. Assuming that the State is not “culturally neutral” and that its institutions somehow reflect the established culture, issues of equality and demands for cultural recognition will necessarily arise. However, it is the duty of the State to respect and protect cultural identity. Even though cultural expertise may become relevant in several domains of the State, particular attention is given in this chapter to the role played by cultural arguments and cultural expertise in courts in Portugal. Cultural expertise is also very relevant for social intervention, and it is mobilized in the processes of cultural mediation. These processes have a low level of institutionalization in Portugal, since it is not routinely recognized in the implementation of public policies as an autonomous professional profile.

Although ethnicity and gender play a significant role in many types of social interaction, little research exists on their importance in mediation. An analysis of community mediation cases (N = 27,852) from New York state demonstrated that, consistent with predictions from criminal justice research, Whites were underrepresented in mediation relative to Blacks and Hispanics, and that females were more likely to participate in mediation as claimants than men. Both ethnicity and gender were related to the type of dispute, degree of violence, intimacy between disputants, source of referral, and mediation outcome. Additional analysis, taking into account source of referral, education, and income level of the claimant, did not fully account for the observed ethnic or gender differences. Results are discussed in terms of reasons why ethnic and gender differences exist in mediation, limitations of demographic data, and areas for future research.

This paper aims to address the knowledge gap, by exploring the attitudes and experiences of mediators relative to the process, based on research with practitioners in Scotland. Recent research on construction mediation in Scotland has focused exclusively on construction lawyers’ and contractors’ interaction with the process, without reference to the views of mediators themselves.

The entire research design of this research was constrained by the small population of practising Scottish construction mediators (thought to be circa. 20 in 2013). The design encompassed a literature search, participant interviews, questionnaire survey and qualitative and quantitative data. The research questionnaire was designed to capture data related to the biography, training and experience of those interviewed before their opinion on the benefits of, and problems with, mediation were sought.

The results indicate that mediations failed because of ignorance, intransigence and over-confidence of the parties. Barriers to greater use of mediation in construction disputes were identified as the lack of skilled, experienced mediators, the continued popularity of adjudication and both lawyer and party resistance. Notwithstanding the English experience, Scottish mediators gave little support for mandating disputants to mediate before proceeding with court action. A surprising number were willing to give an evaluation of the dispute rather than merely facilitating a settlement.

There are few experienced construction mediators in Scotland, and the continued popularity of statutory adjudication is a significant barrier. Mediators believe that clients’ negative perceptions of mediation are a bigger barrier than lawyers’ perceptions. The mediators wanted judicial encouragement for mediation backed by some legislative support, mediation clauses incorporated into construction contracts and government adoption of mediation as the default process in its own contracts.