MEDIATION IN THE NORWEGIAN LAND CONSOLIDATION COURTS
Jørn ROGNES; Per Kåre SKY
ltc-uw@facstaff.wisc.edu
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ABSTRACT: In Norway land consolidation is organized entirely within the
judicial system. This paper describes how land consolidation courts work, and examines
mediation activities in the courts. Questionnaires were used to get data on 727 cases in
1996, and in-depth interviews with 23 judges were used to get information on mediation
behavior. The results indicate that mediation is a frequent activity. Many cases are
settled through mediation rather than by verdicts. Mediation activities vary with case
type, complexity, significance and conflict level. Mediation activities reduce conflicts
even in those cases where final decisions are made through verdicts. Cases that have a
mediated settlement are generally less complex, less significant and have lower conflict
levels than cases ending with verdicts. Judges use a large number of mediation techniques,
and there are large variations in mediation styles between judges. The results are
discussed in terms of future research needs and in terms of the practice of mediation in
land disputes.
Keywords: Consolidation of land holdings -- Law and legislation -- Norway;
Agricultural courts and procedure -- Norway; Mediation -- Norway; Land conflicts -- Norway
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