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Home articlesdb articles Hurley, David. Restorataive Justice in the Civil Jurisdiction

Summary

Hurley, David (2007). Restorataive Justice in the Civil Jurisdiction In Gabrielle Maxwell and James H. Liu, ed., Restorative Justice and Practices in New Zealand: Towards a Restorative Society. Wellington, NZ: Institute of Policy Studies, Pp. 167-198.

"This chapter overviews the key features of mediation in New Zealand today. It asks questions about the advantages and limitations of mediation and other forms of alternative dispute resoltuion in resolving conflicts; discusses issues about the public funding of alternative dispute resolution options; and identifies key questions about core values, best practice standards and guidelines, arrangements for monitoring consistency in legislation, and funding in this important area of conflict resolution. Throughout the chapter, the underlying principles of various forms of mediation are compared with those of restorative practices and are contrasted to the alternative processes of bargaining and financial redress for damages. Attention is also paid to key critical issues in practice such as differences in power, money and skills of participants, and the training and skills of those managing the process." (Abstracts)


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