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A Bad Compromise Is Better than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation

In: Legal Thoughts between the East and the West in the Multilevel Legal Order

Author

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  • Hong-Lin Yu

    (University of Stirling)

Abstract

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.

Suggested Citation

  • Hong-Lin Yu, 2016. "A Bad Compromise Is Better than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation," Economics, Law, and Institutions in Asia Pacific, in: Chang-fa Lo & Nigel N.T. Li & Tsai-yu Lin (ed.), Legal Thoughts between the East and the West in the Multilevel Legal Order, chapter 0, pages 555-573, Springer.
    • Handle: RePEc:spr:eclchp:978-981-10-1995-1_32
    DOI: 10.1007/978-981-10-1995-1_32
    as

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