Mediation Law

Journey through Institutionalism to Juridification

Penny Brooker

$315

Hardback

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English

Routledge
24 October 2013

Jurisprudence & general issues; Civil procedure, litigation & dispute resolution; Commercial law

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996 as disputants are deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power either to 'encourage' mediation through judicial case management or use more 'coercive' measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. This book explores how mediation law shapes and 'influences' the practise of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation in the English and Welsh jurisdiction, exploring the historical jurisprudence of ADR and mediation in England in order to analyse the extent to which the institutionalisation of mediation by the state and courts has led to the monopolisation and 'juridification' of mediation by lawyers. The book also includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions including the United States, Australia, Canada and Hong Kong in order to explicate shared or distinctive approaches to mediation.

By: Penny Brooker
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 750g
ISBN: 9780415612944
ISBN 10: 0415612942
Pages: 314
Publication Date: 24 October 2013
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Development of Modern Mediation 2. Initiating Mediation through ADR Clauses and Court Stays 3. Enforcing Mediation Settlement Agreements 4. Legal Framework for Mediating in England and Wales Introduction 5. The Law Surrounding Mediation Confidentiality 6. Conclusions: Mediation Law: Journey to Juridification through Institutionalisation

Penny Brooker is a Reader in Alternative Dispute Resolution and Mediation at the University of Wolverhampton, UK. She, along with Suzanne Wilkinson, has edited Mediation in the Construction Industry: An International Review (2010: Spon Press).