Is mediation a suitable alternative to court trials? An assessment of institutional effects on the processing of disputes

The relationship between state and society has changed. Firstly, citizens are nowadays much more educated which enables them tot stand up for their rights. Moreover, their emancipation has decreased the need for the help of traditional intermediary organizations to pursue these rights. Secondly, the relationship between state and society has changed due to processes of globalization and new technologies that reduce the significance of geographical borders. As a consequence the ability of the government to ‘manage’ public policy issues unilaterally has declined. These developments have resulted in a new perspective on the relationship between state and society regarding public policy issues, the so-called governance approach. In this perspective public policy is conceived of as a joint responsibility of governmental agencies and societal organizations or citizens who (in consultation) deal with questions of social interest.1 So public management these days relates to governmental as well as non-governmental organizations and institutions that provide services of a ‘public’ nature (cf. Frederickson, 1999: 702–703).