1st Edition

Mediation Law Journey through Institutionalism to Juridification

By Penny Brooker Copyright 2013
320 Pages
by Routledge

314 Pages
by Routledge

320 Pages
by Routledge

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... Read more

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

Biography

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).