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The Resource Mediation law : journey through institutionalism to juridification, Penny Brooker

Mediation law : journey through institutionalism to juridification, Penny Brooker

Label
Mediation law : journey through institutionalism to juridification
Title
Mediation law
Title remainder
journey through institutionalism to juridification
Statement of responsibility
Penny Brooker
Creator
Subject
Language
eng
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"--
  • "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"--
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Brooker, Penny
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Mediation
  • Dispute resolution (Law)
  • Dispute resolution (Law)
  • Mediation
  • England
Label
Mediation law : journey through institutionalism to juridification, Penny Brooker
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 265-284) and index
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xxiii, 290 pages
Isbn
9780415612944
Isbn Type
(hbk.)
Lccn
2013017668
Media category
unmediated
Media MARC source
rdamedia
System control number
(OCoLC)842307616
Label
Mediation law : journey through institutionalism to juridification, Penny Brooker
Publication
Bibliography note
Includes bibliographical references (pages 265-284) and index
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xxiii, 290 pages
Isbn
9780415612944
Isbn Type
(hbk.)
Lccn
2013017668
Media category
unmediated
Media MARC source
rdamedia
System control number
(OCoLC)842307616

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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