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Mediation In The Norwegian Land Consolidation Courts

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  • Rognes, Jorn
  • Sky, Per Kare
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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.

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    File URL: http://purl.umn.edu/12808
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    Bibliographic Info

    Paper provided by University of Wisconsin-Madison, Land Tenure Center in its series Working Papers with number 12808.

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    Date of creation: 1998
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    Handle: RePEc:ags:uwltwp:12808

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    Web page: http://www.ies.wisc.edu/ltc/
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    Related research

    Keywords: Consolidation of land holdings -- Law and legislation -- Norway; Agricultural courts and procedure -- Norway; Mediation -- Norway; Land conflicts -- Norway; Land Economics/Use;

    References

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    1. Oldenburg, Philip, 1990. "Land consolidation as land reform, in India," World Development, Elsevier, vol. 18(2), pages 183-195, February.
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    Cited by:
    1. Gonzalez, X. P. & Alvarez, C. J. & Crecente, R., 2004. "Evaluation of land distributions with joint regard to plot size and shape," Agricultural Systems, Elsevier, vol. 82(1), pages 31-43, October.
    2. Goodale, Mark R.G. & Sky, Per Kare, 2000. "A Comparative Study Of Land Tenure, Property Boundaries, And Dispute Resolution: Examples From Bolivia And Norway," Working Papers 12769, University of Wisconsin-Madison, Land Tenure Center.
    3. Gonzalez, X.P. & Marey, M.F. & Alvarez, C.J., 2007. "Evaluation of productive rural land patterns with joint regard to the size, shape and dispersion of plots," Agricultural Systems, Elsevier, vol. 92(1-3), pages 52-62, January.

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