The Use of Mediation in Discrimination Cases Cover Image

Folosirea medierii în cazurile de discriminare
The Use of Mediation in Discrimination Cases

Author(s): Catalina-Adriana Ivanus
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: equality; discrimination; gender; mediation

Summary/Abstract: Can mediation serve the goals of equality laws and offer a viable alternative to litigation? Unlike litigation, mediation may provide a better opportunity to address the discrimination causes because it encourages open communication in which parties have an opportunity to learn about each other and each others’ respective interests. Mediation offers parties an opportunity to resolve disputes in a way that avoids many of the disadvantages associated with litigation, provided it is applied in conjunction with other efforts that address gender discrimination present in the organizational structure and culture. Therefore mediation can provide an effective alternative to litigation of discrimination claims. Mediation is gaining popularity as a resolution mechanism for disputes involving discrimination claims in the United States, Canada or United Kingdom. Mediation, modern institution in the rule of law, can be a highly effective method of resolving cases of discrimination, an alternative to litigation in discrimination.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 277-298
  • Page Count: 13
  • Language: Romanian