Projects per year
When mediation places decision-making power in the hands of lay disputants it raises troubling issues. Can justice be delivered without judicial assistance? What is the effect on the legal system? And how should outcomes thus achieved be regarded? Critics have tended to answer negatively, pointing to a range of harms including individual oppression and the vanishing trial. Such views, focusing too narrowly on conformity to legal norms, overlook ordinary people's capacity for justice reasoning. A recent Scottish pilot study of small-claims mediation parties illustrates the richness and complexity of their thinking around whether, and for how much, to settle. This suggests that mediation settlements, rather than representing second-class justice, may enhance the legitimacy of the legal system. Implications for theories of justice are considered.
|Number of pages||19|
|Journal||International Journal of Law in Context|
|Publication status||Published - 5 Jun 2020|
- alternative dispute resolution
- natural law theory
- lay people
- empirical research
FingerprintDive into the research topics of 'What do lay people know about justice? An empirical enquiry'. Together they form a unique fingerprint.
- 1 Active
Simple Procedure Mediation Service to Sheriff Courts
3/02/17 → …
Project: Knowledge Exchange (Services/Consultancy)File
Truth. No longer useful?Irvine, C., 12 Apr 2021, 4 p. Alphen aan den Rijn, Netherlands
Research output: Other contributionOpen AccessFile
Pracademia: a personal account of a mediation clinic and its developmentIrvine, C., 6 Feb 2021, In: Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement. 24, 3, p. 18-28 11 p.
Research output: Contribution to journal › Article › peer-reviewOpen AccessFile25 Downloads (Pure)
Mediation Clinic Report for the Justice Committee, April 2018Irvine, C., 15 Apr 2018, (Submitted) Glasgow: University of Strathclyde. 5 p.
Research output: Book/Report › Other reportFile
Scottish Dispute Resolution Delivery Group (External organisation)
Charlie Irvine (Advisor)18 Jan 2020 → 31 Jul 2020
Activity: Membership types › Membership of committee
Mediation Under Simple Procedure: One Year On
Charlie Irvine (Recipient)7 May 2018
Activity: Public Engagement and Other Activities › Types of Public engagement and outreach - Media article or participation
Justice in Mediation
Charlie Irvine (Speaker)10 May 2018
Activity: Talk or presentation types › Oral presentation