Abstract Submitted to 2011 Law and Society Annual Meeting June 2-5, 2011, Westin St. Francis Hotel, San Francisco, CA USA
Legal Knowledge Practice of Lawyers and Non-Lawyers
in the Divorce Mediation in Taiwan
Shu-chin Grace Kuo
SJD, Northwestern University School of Law
Associate Professor of Law, National Cheng Kung University 1 University Rd., 70101Tainan City, TAIWAN
gracekuo@mail.ncku.edu.tw
Keyword
Legal Knowledge, Lawyers, Non-lawyers, Legal Professional, Anthropology of Law, Family Dispute Mediation, Mediators, Ethnography of Law, Family Law My whole project aims to delineate the legal knowledge involved in the family dispute resolution process and to identify the trajectory where legal knowledge and family law jurisprudence are formed. Mediation has been described for a long time and characterized as a more flexible, more efficient, and so it is a better dispute resolution mechanism when it is compared to litigation. However, in this project, I hope to offer a different point of view of mediation. I will argue that mediation, as one form of dispute resolution, may not be so much different comparing with litigation. Indeed, mediation and litigation are all framed by legal doctrinal structures, document production, and legal technicalities.