Mediation Law: Journey through Institutionalism to Juridification (Hardcover)
 

This item is out of stock.

Please enter your email address, we will notify you if it comes back in stock.

OverstockTM Store Credit Card

6 or 12 Month Special
Financing Available
No Payments & No Interest on orders over
$150 if you pay in full within 6 months.
Learn More ›
No Payments & No Interest on orders over
$150 if you pay in full within 6 months.
Learn More ›

Mediation Law: Journey through Institutionalism to Juridification (Hardcover)

Today $114.44
Item #: 14004228

    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 powe......more

People Who Viewed This Viewed

Sponsored Links What's This?

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.

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).

Author:
Brooker, Penny
Genre:
LAW / Arbitration, Negotiation, Mediation
Audience:
College/higher education
Format:
Hardcover
Pages:
290
Language:
English
Publisher:
Routledge
Publish Date:
12/05/2013
Copyright Year:
2013
ISBN:
9780415612944
Height:
9.5 in
Wdth:
6.5 in
Thickness:
1.0 in
Unit weight:
1.25 lb
Was this product information helpful?
Thank you for your feedback.
 
 
 
Thank you. Your feedback will help us create the best experience for our customers.

There are currently no product reviews for this product.

Be the first to write a review

Overstock.com values your opinion. Please take a moment and share what you like or don't like about a product.

Product Q&A

Ask a Question

Be the first to ask a question about this product.
Standard Return Policy:

Items must be returned in new or unused condition and contain all original materials included with the shipment. More details

FINAL SALE EXCLUSION: Items marked as FINAL SALE are not returnable unless the problem you experience is the result of our error.

* For your protection, all orders are screened for security purposes. If your order is selected for review, our Loss Prevention Team may contact you by phone or email. There may be a two business day delay to process your order.

** Most Oversize orders are delivered within 1-4 weeks. Some orders may take 6 weeks to be delivered.

Buy Now with Bitcoin Learn More