Cardozo Journal of Conflict Resolution
Abstract
Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting to deliver such justice outcomes using mediation.
Disciplines
Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | Jurisprudence | Law | Law and Society | Legal Remedies
Recommended Citation
Sherif Elnegahy,
Can Mediation Deliver Justice?,
18
Cardozo J. Conflict Resol.
759
(2017).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol18/iss3/10
Included in
Comparative and Foreign Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, Jurisprudence Commons, Law and Society Commons, Legal Remedies Commons