Scotland's 'mixed' feelings about mediation ii

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Abstract

This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in England and Wales with that of France, where litigation acts like an ‘attracting magnet’. The paper draws on public pronouncements about mediation by senior Scottish judiciary to support its hypothesis that Scotland’s disputing culture retains civilian attitudes dispite centuries of common law jurisprudence.
Original languageEnglish
Number of pages6
Publication statusUnpublished - 14 Jul 2012
Event25th Annual IACM Conference - Stellenbosch, South Africa
Duration: 11 Jul 201214 Jul 2012

Conference

Conference25th Annual IACM Conference
CountrySouth Africa
CityStellenbosch
Period11/07/1214/07/12

Keywords

  • mediation
  • ADR
  • Scotland
  • mixed jurisdictions
  • legal heritage

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