Skip to main content
SpringerLink
Log in

Towards a Four-Tiered Model of Mediation

Against the Background of a Narrative of Social Sub-systems in Everlasting Cross-Fertilization

  • Book
  • © 2023

Overview

Authors:
  1. Hugo Luz dos Santos

    1. City University of Macau, Macau, China

    View author publications

    You can also search for this author in PubMed   Google Scholar

  • Offers an unprecedented multidisciplinary approach to mediation
  • Builds on a top-notch and unheard of mixed methodology to buttress the theoretical underpinnings
  • Provides a multidisciplinary approach to mediation

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 139.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 179.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 179.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (7 chapters)

  1. Front Matter

    Pages i-xvii
    Download chapter PDF

  2. Setting the Stage to the Four-Tiered Model of Mediation

    1. Front Matter

      Pages 1-1
      Download chapter PDF

    2. Introduction

      • Hugo Luz dos Santos
      Pages 3-30

  3. The First Tier of the Four-Tiered Model of Mediation: Social Dynamics of Mediation

    1. Front Matter

      Pages 31-31
      Download chapter PDF

    2. Historical Account on Macau’s Exquisite Two-Layered Law and Social Reality

      • Hugo Luz dos Santos
      Pages 33-65

    3. How Have Luhmann’s Social Sub-systems (Religion and Law) Interacted with (and Cross-Fertilized) Each Other in Anglo-Saxon England

      • Hugo Luz dos Santos
      Pages 67-87

  4. The Second Tier of the Four-Tiered Model of Mediation: Cultural Dynamics of Mediation

    1. Front Matter

      Pages 89-89
      Download chapter PDF

    2. Ascertaining Whether and to What Extent Culture Shapes Mediation

      • Hugo Luz dos Santos
      Pages 91-119

  5. The Third Tier of the Four-Tiered Model of Mediation: Legal Dynamics of Mediation

    1. Front Matter

      Pages 121-121
      Download chapter PDF

    2. Formal Access to Justice and Effective Access to Justice

      • Hugo Luz dos Santos
      Pages 123-158

  6. The Fourth Tier of the Four-Tiered Model of Mediation: Cross-Border and Cross-Cultural Dynamics of Mediation

    1. Front Matter

      Pages 159-159
      Download chapter PDF

    2. The Paramount Role of Culture in Cross-Border and Cross-Cultural Dynamics of Mediation

      • Hugo Luz dos Santos
      Pages 161-186

    3. Conclusions

      • Hugo Luz dos Santos
      Pages 187-191

  7. Back Matter

    Pages 193-216
    Download chapter PDF
Back to top

Keywords

About this book

Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far.


Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation.


Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).  



Authors and Affiliations

  • City University of Macau, Macau, China

    Hugo Luz dos Santos

About the author

Hugo Luz dos Santos is a Ph.D. in Law (Mediation). He is Magistrate of the Public Prosecutor. He was awarded the Fellowship of the Royal Society of Arts of the United Kingdom for outstanding achievements in the remit of Law and Justice Worldwide. Hugo Luz dos Santos has published over 90 articles and 25 books.

Bibliographic Information

  • Book Title: Towards a Four-Tiered Model of Mediation

  • Book Subtitle: Against the Background of a Narrative of Social Sub-systems in Everlasting Cross-Fertilization

  • Authors: Hugo Luz dos Santos

  • DOI: https://doi.org/10.1007/978-981-19-9429-6

  • Publisher: Springer Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2023

  • Hardcover ISBN: 978-981-19-9428-9Published: 14 February 2023

  • Softcover ISBN: 978-981-19-9431-9Published: 15 February 2024

  • eBook ISBN: 978-981-19-9429-6Published: 13 February 2023

  • Edition Number: 1

  • Number of Pages: XVII, 216

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Private International Law, International & Foreign Law, Comparative Law , Dispute Resolution, Mediation, Arbitration, Civil Law

Publish with us

Policies and ethics

Back to top

Search

Navigation