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Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

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Perceptions in Litigation and Mediation: Lawyers, Defendants, Plaintiffs, and Gendered Parties


ISBN13: 9780521517317
Published: March 2009
Publisher: Cambridge University Press
Country of Publication: USA
Format: Hardback
Price: £54.99
Paperback edition , ISBN13 9780521280549



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the question - How do professional, lay, and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires, and observations of plaintiffs, defendants, lawyers, and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice.

In juxtaposing actors’ discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system. By providing in-depth views on the micro-elements of case processing, the book uncovers important issues about formal and informal justice, the inextricability of disputants’ legal and extra-legal needs, and current paradigms relating to professional, lay, and gendered identities.

    >This book is unique in examining and understanding the workings of the legal system through juxtaposing lawyers’, plaintiffs’, defendants’ and mediators’ perceptions of litigation and mediation in ongoing cases. This has not been done before, as access difficulties are immeasurable
  • The book adds to the paucity of in-depth empirical data from plaintiffs and defendants themselves on their motivations, perceptions and extra-legal agendas during litigation and mediation

Subjects:
Other Jurisdictions , General Interest, USA
Contents:
1. Introduction; 2. Great misconceptions or disparate perceptions of plaintiffs’ litigation aims?; 3. Voluntary versus mandatory mediation divide; 4. Consequences of power: legal actors versus disputants on defendants’ attendance at mediation; 5. Actors’ mediation objectives: how lawyers versus parties plan to resolve their cases short of trial; 6. Actors’ divergent perceptions of what goes on during mediation; 7. Parallel views on mediators and styles; 8. Conclusion: the parallel understandings and experiences in case processing and mediation.