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Institutionalising mediation in Scotland

Clark, Bryan (2008) Institutionalising mediation in Scotland. Juridical Review (3). pp. 193-214.

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Abstract

Considers the prospects for further institutionalisation of mediation within the Scottish civil justice system following the publication of the Gill Review of the Scottish civil courts. Examines the ways in which mediation might be encouraged by the courts, and assesses the desirability of such encouragement both in terms of the cost and time savings to be achieved and the risk that parties might engage in mediation tactically. Reviews the expressed opinions of Scottish judges on judicial encouragement of mediation.