RE-IMAGINING THE LAW OF DISPUTE RESOLUTION: AN ANALYSIS OF THE DEMOCRATIC POTENTIAL OF ALTERNATIVE DISPUTE RESOLUTION AND MEDIATION BASED UPON THE THEORETICAL FRAMEWORKS OF JACQUES RANCIÈRE AND HANNAH ARENDT

Abstract

This project examines the development and deployment of mediation frameworks in Canada with the goal of advocating for the restoration of dispute resolution as the site of democratic politics. In doing so we enlist the work of Petyr Kropotkin's theory of Mutual Aid and a brief history of Alternative Dispute Resolution in Canada to identify procedural differences in mediation processes that separate interest mediation, rights mediation and litigation. We then turn to two separate analyses of these differences. The first utilizes the theoretical framework of Jacques Rancière. The second examines the work of Hannah Arendt. Despite the significant differences in their approaches, the work of Rancière and Arendt, in admittedly different ways, show that interest mediation holds the greatest potential for approaching dispute resolution as an exercise in democratic politics. As a result the project advocates for the expansion or further empowerment of interest mediation as a way of securing and ensuring the continued development of Canada as a democratic community.

Author Keywords: Alternative Dispute Resolution, Hannah Arendt, Jacques Rancière, Mediation, Mutual Aid, Petyr Kropotkin

    Item Description
    Type
    Contributors
    Thesis advisor (ths): Baban, Feyzi
    Degree committee member (dgc): Changfoot, Nadine
    Degree committee member (dgc): Enns, Dianne
    Degree granting institution (dgg): Trent University
    Date Issued
    2015
    Date (Unspecified)
    2015
    Place Published
    Peterborough, ON
    Language
    Extent
    137 pages
    Rights
    Copyright is held by the author, with all rights reserved, unless otherwise noted.
    Local Identifier
    TC-OPET-10201
    Publisher
    Trent University
    Degree
    Master of Arts (M.A.): Theory, Culture and Politics