An evaluation study in mediation: a comparative study between Australia and Jordan

An evaluation study in mediation: a comparative study between Australia and Jordan

This thesis investigates the process of mediation as a Dispute Resolution (DR) process within the Australian and Jordanian legal systems. Mediation is an alternative solution for the traditional adversarial judicial proceedings. This study broadly defines mediation as a structured process, which engages a third party to help the disputants to address their dispute and hopefully prevent future problems from arising. The study focuses on the model of mediation used and the role of the mediator in controlling the process.

Australian mediation has been operating for much longer than in Jordan. Consequently, this thesis aims to learn from the Australian experience and thus gain knowledge that can assist with the growth and development of a fledgling mediation system in Jordan. The study discusses the challenges that mediation faces in Jordan. The development of the mediation system in Australia has been a largely successful experience. Drawing on this experience, the thesis explores the process in both countries in a comparative manner to learn of possible efficiencies, and to improve the delivery of mediation in Jordan. The research adopts a comparative methodology using a contextualised approach that requires an understanding of the legal and cultural differences and similarities between Jordan, as a civil law country, and Australia as a common law country. It demonstrates the differences between the Australian and Jordanian legal systems together with cultural differences in order to provide context for the operation of mediation. It explores, in particular, the mediation models utilised and the influence of different cultural considerations relevant to this process. Evaluating the pros and cons of mediation in Australia and Jordan provides new insights into an important area of civil procedure and dispute management in both countries.