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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Mediation Law: Journey to Juridification and Institutionalism

ISBN13: 9780415612944
Published: October 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138639492

Despatched in 4 to 6 days.

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 analyses 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.

Arbitration and Dispute Resolution, Courts and Procedure
1. Historical review of mediation
2. Early mediation case law
3. Court initiation of mediation
4. 'Delineation' of mediation practice
5. Towards the professionalisation of mediation practise: Training, standards and ethics
6. Conclusions