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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.

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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.