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A time for change? The development of commercial ADR in Scotland

Clark, Bryan (2003) A time for change? The development of commercial ADR in Scotland. Scots Law Times, 2003 (20). pp. 169-172. ISSN 0036908X

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Abstract

Considers the limited take-up of alternative dispute resolution in the commercial sphere in Scotland as compared with other areas of law. Reviews the potential obstacles to the increased use of ADR in commercial disputes, including resistance from lawyers, lack of awareness of ADR, the adversarial nature of the legal system, the non- binding character of mediation and issues concerning the training and regulation of mediators. Assesses how these barriers can be overcome, highlighting developments in England and Wales that have promoted mediation, with particular reference to court-referred mediation. Mr Clark reviews the potential barriers to the development of commercial alternative dispute resolution in Scotland and the ways in which it could be more successful in the future.

Item type: Article
ID code: 614
Keywords: Alternative dispute resolution, Commercial law, Mediation, Scotland, Law (General)
Subjects: Law > Law (General)
Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
Related URLs:
Depositing user: Miss Rosemary O'Hare
Date Deposited: 28 Mar 2006
Last modified: 12 Mar 2012 10:35
URI: http://strathprints.strath.ac.uk/id/eprint/614

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