A Bad Compromise Is Better than a Good Lawsuit: Mutual Infl uence Between the East and the West on Mediation

Abstract

The ultimate aim of mediation is to reach a mutually benefi cial settlement between the disputants. This would require good faith in cooperation from both disputants. This chapter launches a jurisprudential investigation into different types of mediation in Taiwan and England against Confucianism, legalism, naturalism and positivism. The paper concludes that voluntary mediation and compulsory mediation share a different basis and hence require different jurisprudential interpretations. Furthermore, an in-depth analysis on good faith in cooperation is also made to stress its importance in a successful mediation.