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Construction mediation as a developmental processInternational Review of Law, 2013
D. Spencer, M. Brogan (2007)
Mediation Law and Practice
A. Borbely (2011)
Agency in Conflict Resolution as a Manager–Lawyer Issue: Theory and Implications for ResearchNegotiation and Conflict Management Research, 4
G. Palo, Penelope Harley (2005)
Mediation in Italy: Exploring the ContradictionsNegotiation Journal, 21
H. Genn (2009)
Judging Civil Justice: Conclusion
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Lawyer Negotiations: Theories and RealitiesWhat We Learn From Mediation
H. Genn (2012)
What is civil justice for? Reform, ADR and access to justiceYale journal of law and the humanities, 24
Donald Peters (2010)
It Takes Two to Tango, and to Mediate: Legal Cultural and Other Factors Influencing United States and Latin American Lawyers’ Resistance to Mediating Commercial DisputesRichmond journal of global law and business, 9
T. Harbo (2010)
The Function of the Proportionality Principle in EU LawWiley-Blackwell: European Law Journal
Craig McEwen, T. Milburn (1993)
Explaining a paradox of mediationNegotiation Journal, 9
Dorcas Anderson (2010)
Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program, 11
H. Genn (2005)
Solving Civil Justice Problems: What Might Be Best?
Carrie Menkel‐Meadow (1995)
Whose Dispute Is It Anyway? A Philosophical and Democratic Defense of Settlement (In Some Cases)
N. Alexander (2008)
The Mediation Metamodel: Understanding PracticeConflict Resolution Quarterly, 26
Artūras Panomariovas, Egidijus Losis (2010)
Proportionality: from the Concept to the Procedure
Julian Ceno (2011)
An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and WalesInternational Journal of Law in The Built Environment, 3
H. Gadlin, Susan Sturm (2007)
Conflict Resolution and Systemic ChangeJurisprudence & Legal Philosophy
J. Black, A. Bridge, Tina Bond (1989)
A Practical Approach to Family Law
L. Love (1997)
The Top Ten Reasons Why Mediators Should Not EvaluateFlorida State University Law Review, 24
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
J. Lande (2003)
Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation ProgramsUCLA Law Review, 50
Tamara Relis (2009)
Perceptions in Litigation and Mediation: Lawyers, Defendants, Plaintiffs, and Gendered Parties
T. Buck (2005)
Administrative justice and alternative dispute resolution: the Australian experience
Roselle Wissler (2002)
Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research
Eric Engle (2009)
The History of the General Principle of Proportionality: An Overview
R. Bush, J. Folger (2004)
The Promise of Mediation: The Transformative Approach to Conflict
Leonard Riskin (1996)
Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed
B. Clark (2012)
Lawyers and Mediation
Purpose – This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Design/methodology/approach – This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Findings – This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation. Originality/value – Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.
International Journal of Law in the Built Environment – Emerald Publishing
Published: Oct 7, 2014
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