To achieve justice or to respect traditional mediation values? : testing the theory of 'educated self-determination' in addressing this mediation dilemma (a call for uniformity and clarity in the diverse field of mediation)

  • Sherif Elnegahy

Student thesis: Doctoral Thesis

Abstract

This study acknowledges that the field of mediation needs clarity, a sense of unity and an assurance that mediation is capable of delivering justice.Throughout this thesis, there is an extensive reading of a wide range on international academic articles, texts, procedural rules, practice guidelines and court precedents along with a review of a range of practice across many different jurisdictions and different fields beyond mediation and law such as conflict resolution, sociology, philosophy, history, religion and economics. This research examines the theory of educated self-determination (in both theory and practice) and its ability in bringing uniformity to the field of mediation and aid mediation to deliver justice, all in a deductive research methodology.The research sets forward an understanding of the meaning of mediation and the meaning of creative justice. Then the research Identifies the possible concerns that both the mediation inner and outer circle teams may raise and attempt to address such concerns.The research proposes that the theory of educated self-determination has the potential to present a sense of unity to the mediation field and better allow mediation to deliver creative justice to the parties.
Date of Award7 Jun 2018
Original languageEnglish
Awarding Institution
  • University Of Strathclyde
SponsorsUniversity of Strathclyde
SupervisorBryan Clark (Supervisor) & Alan Paterson (Supervisor)

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