MEDIATION NEEDS TO BE MEDIATION: HOW SHOULD A PROSPECTIVE MANDATORY MEDIATION LEGAL FRAMEWORK IN MACAU LOOK LIKE
- Hugo Luz dos Santos
- 원광대학교 법학연구소
- 원광법학
- 제36권 제2호
- 등재여부 : KCI등재
- 2020.06
- 163 - 211 (49 pages)
Some cultural backgrounds display enhanced proclivity to the thriving of alternative dispute resolution than others. This axiom is at the heart of this paper. Prone cultural backgrounds can augment the adherence to Amicable Dispute Resolution (hereinafter, ADR). Maximizing and optimizing ADR is not only trendy but duly necessary for the sake of the long-term stability of the dispute resolution worldwide. Macau is no exception. In order to attain this laudable goal, Macau must embrace a court-connected mandatory mediation with an easy opt-out in the forthcoming future.
1. Introduction: Mediation needs to be Mediation
2. Article 36. º, § 1 of Macau Basic Law: a human right?
3. What makes the Chinese Confucianism so special: the three pillars of social harmony, maintenance of cordial relations and face-saving
4. How should a prospective court-connected mandatory mediation in Macau look like in order to dispel the heinous Sporting Theory of Justice(Roscoe Pound)
5. Concluding remarks