Institutionalisation of mediation : civil and common law approaches with special reference to the New Zealand and German legal system

Abstract

This paper deals with the institutionalisation of mediation, comparing civil and common law approaches with special reference to the New Zealand and German legal systems. The institutionalisation of mediation is a difficult task, which both countries have to face. The emphasis in this paper is to point out the difficulties of integrating mediation into the framework of the legal system. The difficulties of the different legal systems of New Zealand and Germany are compared. The paper also illustrates the different reasons why mediation is an important alternative to the different legal systems. It discusses the current approaches of both states. The recent pilot projects in both countries play an important role in the development of finding a suitable way of institutionalising mediation. In the end the paper difficulties are analysed and recommendations for the institutionalisation are made. In addition the issue of second class justice regarding mediation is discussed. It explains why mediation is inevitable and necessary for the legal systems.