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Book Cover
E-book
Author Brooker, Penny, author

Title Mediation law : journey through institutionalism to juridification / Penny Brooker
Published Milton Park, Abingdon, Oxon : Routledge, 2013
©2013

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Description 1 online resource (xxiii, 290 pages .)
Contents Development of modern mediation -- Initiating mediation through ADR clauses and court stays -- Enforcing mediation settlement agreements -- Legal "framework" for mediating -- The law surrounding mediation confidentiality -- Conclusion: Mediation law : journey to jurisdiction through institutionalisation
Summary "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"-- Provided by publisher
"In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to "encourage" mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further 'juridification' process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution"-- Provided by publisher
Bibliography Includes bibliographical references (pages 265-284) and index
Notes Print version record
Subject Mediation -- England
Dispute resolution (Law) -- England
LAW -- Alternative Dispute Resolution.
LAW -- General.
LAW -- Business & Financial.
Dispute resolution (Law)
Mediation
England
Form Electronic book
ISBN 1136018883
9781136018886
1306075033
9781306075039
9780203796627
0203796624
9781136018961
1136018964
9781136019043
1136019049
1138639494
9781138639492