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 Ranciere and Hannah Arendt

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 Ranciere. The second examines the work of Hannah Arendt. Despite the significant differences in their approaches, the work of Ranciere 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.