Picture of boy being examining by doctor at a tuberculosis sanatorium

Understanding our future through Open Access research about our past...

Strathprints makes available scholarly Open Access content by researchers in the Centre for the Social History of Health & Healthcare (CSHHH), based within the School of Humanities, and considered Scotland's leading centre for the history of health and medicine.

Research at CSHHH explores the modern world since 1800 in locations as diverse as the UK, Asia, Africa, North America, and Europe. Areas of specialism include contraception and sexuality; family health and medical services; occupational health and medicine; disability; the history of psychiatry; conflict and warfare; and, drugs, pharmaceuticals and intoxicants.

Explore the Open Access research of the Centre for the Social History of Health and Healthcare. Or explore all of Strathclyde's Open Access research...

Image: Heart of England NHS Foundation Trust. Wellcome Collection - CC-BY.

The sound of one hand clapping : the Gill Review's faint praise for mediation

Irvine, Charlie (2010) The sound of one hand clapping : the Gill Review's faint praise for mediation. Edinburgh Law Review, 14 (1). pp. 85-92. ISSN 1364-9809

Accepted Author Manuscript
License: Creative Commons Attribution 4.0 logo

Download (243kB) | Preview


This article considers the 2009 Scottish Civil Courts Review, popularly known as the 'Gill' Review after its Chairman, Lord Gill (Scotland's second most senior judge). It speculates about the reasons for the lack of concrete encouragement for mediation in the Report's recommendations, rendered particularly striking by the contrast with robust judicial encouragement in England & Wales and throughout the Common Law world. It sets out a taxonomy of ways in which jurisdictions can help litigants to consider mediation and finds that the Report has rejected even the gentlest of these. In spite of this, the article suggests that the Scottish Government could still underpin dispute resolution beyond the confines of the courts by clarifying the position regarding confidentiality and admissibility and by rendering mediated outcomes more readily enforceable.