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L. Mistelis (2003)
ADR in England and Wales: a successful case of public private partnershipThe ADR Bulletin, 6
N. Alexander (2006)
Global trends in mediationThe ADR Bulletin, 6
Jacqueline Nolan-Haley (2002)
Lawyers, Non-Lawyers and Mediation: Rethinking the Professional Monopoly from a Problem-Solving Perspective, 7
John Cooley, L. Love (2008)
Midstream Mediator Evaluations and Informed Consent
Penny Brooker, A. Lavers (2005)
Mediation Outcomes: Lawyers’ Experience with MediationPepperdine Dispute Resolution Law Journal
C. Dolder (2004)
The Contribution of Mediation to Workplace JusticeIndustrial Law Journal, 33
R. Bush (2002)
Substituting Mediation for Arbitration: the Growing Market for Evaluative Mediation, and What it Means for the ADR FieldPepperdine Dispute Resolution Law Journal, 3
Penny Brooker (2007)
An investigation of evaluative and facilitative approaches to construction mediationStructural Survey, 25
Carrie Menkel‐Meadow (1993)
Lawyer Negotiations: Theories and RealitiesWhat We Learn From Mediation
Sharon Press (2003)
Institutionalization of Mediation in Florida: At the Crossroads
C. Guthrie (2001)
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering, 6
D. Hensler (2004)
Our Courts, Ourselves: How the Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, 122
D. Hensler (2002)
Suppose It's Not True: Challenging Mediation IdeologyJournal of Dispute Resolution, 2002
S. Oberman (2008)
Style vs. Model : Why Quibble?Pepperdine Dispute Resolution Law Journal, 9
R. Bush, S. Pope (2002)
Changing the Quality of Conflict Interaction: The Principles and Practice of Transformative MediationPepperdine Dispute Resolution Law Journal, 3
Simon Roberts (2009)
‘Listing Concentrates the Mind’: the English Civil Court as an Arena for Structured NegotiationOxford Journal of Legal Studies, 29
S. Cheung, Henry Suen, T. Lam (2002)
Fundamentals of Alternative Dispute Resolution Processes in ConstructionJournal of Construction Engineering and Management-asce, 128
N. Welsh (2001)
The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?, 6
N. Alexander (2008)
The Mediation Metamodel: Understanding PracticeConflict Resolution Quarterly, 26
Penny Brooker (2010)
Judging Unreasonable Litigation Behavior at the Interface of Mediation in the English JurisdictionJournal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2
Simon Roberts (1992)
Mediation in the Lawyers' EmbraceModern Law Review, 55
Thomas Stipanowich (1996)
Beyond Arbitration: Innovation and Evolution in the United States Construction IndustryWake Forest Law Review, 31
H. Genn, P. Fenn, Marc Mason, Andrew Lane, Nadia Bechai, Lauren Gray, Dev Vencappa (2007)
Twisting arms: court referred and court linked mediation under judicial pressure
Penny Brooker (2009)
Criteria for the appropriate use of mediation in construction disputesInternational Journal of Law in The Built Environment, 1
Tania Sourdin (2007)
Australian National Mediator Accreditation System
P. Thompson (2004)
Enforcing Rights Generated in Court-Connected Mediation - Tension Between the Aspirations of a Private Facilitative Process and the Reality of Public Adversarial Justice
Roselle Wissler (2002)
Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research
Thomas Stipanowich (2012)
The Multi-Door Contract and Other PossibilitiesJournal of Dispute Resolution, 13
Rachel Miles (2004)
Mediation: A Fledgling Profession or A Pot Puri of Good Intentions?
N. Welsh (2001)
Making Deals in Court-Connected Mediation: What's Justice Got to Do with It?Washington University Law Review, 79
J. Coben, P. Thompson (2006)
Disputing Irony: A Systematic Look at Litigation About Mediation
K. Kovach, L. Love (1996)
“Evaluative” mediation is an oxymoronAlternatives To The High Cost of Litigation, 14
J. Mason (2009)
Ethics in the construction industry: The prospects for a single professional codeInternational Journal of Law in The Built Environment, 1
B. Clark (2009)
Mediation and Scottish Lawyers: Past, Present and FutureEdinburgh Law Review, 13
Simon Roberts (1993)
Alternative Dispute Resolution and Civil Justice: An Unresolved RelationshipModern Law Review, 56
Joseph Stulberg (1997)
Legislative Versus Evaluative Mediator Orientations: Piercing the "Grid" LockFlorida State University Law Review, 24
Simon Roberts (2000)
Settlement as Civil JusticeModern Law Review, 63
Carrie Menkel‐Meadow (2009)
Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About it: Lessons from International and Domestic Fronts, 14
T. Hedeen (2005)
Coercion and Self-determination in Court-Connected Mediation: All Mediations Are Voluntary, But Some Are More Voluntary than OthersJustice System Journal, 26
N. Alexander (2008)
Mediation and the Art of RegulationQUT Law Review, 8
Jacqueline Nolan-Haley (1999)
Lawyers, Clients and MediationNotre Dame Law Review, 73
Leonard Riskin (1996)
Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed
S. Mccorkle (2005)
The murky world of mediation ethics: Neutrality, impartiality, and conflict of interest in state codes of conductConflict Resolution Quarterly, 23
Jacqueline Nolan-Haley (1999)
Informed Consent in Mediation: A Guiding Principle for Truly Educated DecisionmakingNotre Dame Law Review, 74
Purpose – The purpose of this paper is to examine the codes of professional conduct observed by construction mediators in England and Wales with the aim of assessing whether they raise awareness about party self‐determination and inform users about variations in mediator approaches. Design/methodology/approach – The research collated a list of construction mediation providers drawn from members of the Civil Mediation Council, professional bodies working in construction and other leading providers. A search was then made of mediation providers' web sites to find published codes of conduct. Findings – A substantial number of providers do not emphasize party self‐determination or the steps taken to inform users about mediator approaches in their online codes. Some organisations provide online access to “Mediation Agreements” which determine how the process and mediator approach is selected but generally codes do not place a specific duty on mediators to ensure parties enter mediation with informed consent about their approach. Research limitations/implications – Online searches may not have found specific mediator codes if organisations publish overarching professional codes of practice for members, if the documents labels do not identify them as a mediator code, or if web sites are not searchable. Further research should investigate how codes of conduct affect construction mediators' practice. Practical implications – Codes of conduct from countries and international organisations provide exemplars of good practice. Mediation providers in England and Wales should consider revising mediator codes to give weight to the principle of party self‐determination and to articulate a duty that mediators inform users about their approach to ensure they obtain informed consent. Originality/value – This is an original analysis of construction codes of conduct observed by mediators in England and Wales. A comparative analysis of codes from international sources contributes to the current debate on regulation and future policy developments.
International Journal of Law in the Built Environment – Emerald Publishing
Published: Apr 19, 2011
Keywords: Disputes; Construction industry; United Kingdom
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