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.
목차
Abstract §§ 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 List of References
키워드
Legal Chinese Confucianism; Court-Connected Mandatory Mediation; Behavioral Law and Economics; Sense of Access to justice; Theory of the Communication Action.
저자
Hugo Luz dos Santos [ PhD Researcher and Teaching Assistant at the Faculty of Law of the University of Macau (China). ]