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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Mediation in Lusophone Africa: an Opportunity to Amplify Access to Justice

  • Publication Name: Transnational Dispute Management (TDM)
  • Publication Name Index: Transnational Dispute Management (TDM)

A purely rights-based approach limits the number of possible solutions in a dispute, whereas mediation broadens the scope of the conflict and increases its conceivable outcomes. Mediation has gained some momentum in Lusophone African countries, since there is evidence of significant mediation practice. This article will examine the broader realm of mediation in access to justice, including its characteristics and examples of state policy for mediation worldwide, the legal framework of mediation in Angola and Mozambique, and state-led initiatives to promote mediation in these countries. This will lead to the conclusion that a state push has already triggered the change to promote the incorporation of mediation in these jurisdictions.