Scotland's 'mixed' feelings about mediation ii

Research output: Contribution to conferencePaper

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.
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

Fingerprint

mediation
common law
judiciary
jurisprudence
France
lack

Keywords

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

Cite this

Irvine, C. (2012). Scotland's 'mixed' feelings about mediation ii. Paper presented at 25th Annual IACM Conference, Stellenbosch, South Africa.
Irvine, Charlie. / Scotland's 'mixed' feelings about mediation ii. Paper presented at 25th Annual IACM Conference, Stellenbosch, South Africa.6 p.
@conference{f80bd367fd67443f9ae88ab7ec93fb8d,
title = "Scotland's 'mixed' feelings about mediation ii",
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.",
keywords = "mediation, ADR, Scotland, mixed jurisdictions, legal heritage",
author = "Charlie Irvine",
year = "2012",
month = "7",
day = "14",
language = "English",
note = "25th Annual IACM Conference ; Conference date: 11-07-2012 Through 14-07-2012",

}

Irvine, C 2012, 'Scotland's 'mixed' feelings about mediation ii' Paper presented at 25th Annual IACM Conference, Stellenbosch, South Africa, 11/07/12 - 14/07/12, .

Scotland's 'mixed' feelings about mediation ii. / Irvine, Charlie.

2012. Paper presented at 25th Annual IACM Conference, Stellenbosch, South Africa.

Research output: Contribution to conferencePaper

TY - CONF

T1 - Scotland's 'mixed' feelings about mediation ii

AU - Irvine, Charlie

PY - 2012/7/14

Y1 - 2012/7/14

N2 - 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.

AB - 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.

KW - mediation

KW - ADR

KW - Scotland

KW - mixed jurisdictions

KW - legal heritage

M3 - Paper

ER -

Irvine C. Scotland's 'mixed' feelings about mediation ii. 2012. Paper presented at 25th Annual IACM Conference, Stellenbosch, South Africa.