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Wolverhampton Intellectual Repository and E-Theses > School of Law, Social Sciences and Communications > School of Legal Studies > Legal Studies Research Group  > Commercial Lawyers' Attitudes and Experience with Mediation

Please use this identifier to cite or link to this item: http://hdl.handle.net/2436/29832
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Title: Commercial Lawyers' Attitudes and Experience with Mediation
Authors: Brooker, Penny
Lavers, Anthony
Citation: Web Journal of Current Legal Issues, [2002] (4)
Publisher: Web Journal of Current Legal Issues
Journal: Web Journal of Current Legal Issues
Issue Date: 2002
URI: http://hdl.handle.net/2436/29832
Additional Links: http://webjcli.ncl.ac.uk/2002/issue4/brooker4.html
Abstract: This paper considers the application of mediation for commercial disputes following the introduction of the Civil Procedure Rules (CPR), which encouraged the use of alternative dispute resolution (ADR). A report is given on a survey of lawyers practising in the UK commercial litigation field and the respondents' experience of using ADR. An analysis is made of the settlement outcomes reported for mediation and respondents' attitudes to the appropriate use of ADR for commercial-related disputes. Mediation, practically to the exclusion of any other method of ADR, is being employed in some sectors of commercial work and survey respondents are repeat-users of the process. The majority of mediations reported concerned breach of contract and professional negligence cases. Data suggests that the specific categorisation of a commercial disputes as (say) professional negligence, personal injury or breach of contact is unlikely to affect mediation achieving full settlement. Commercial respondents were of the opinion that mediation is suitable for a wide variety of commercial case-types but breach of contract, professional negligence, general negligence and debt cases were specifically perceived to be appropriate. Commercial respondents reported that the major determinants for mediation reaching a successful outcome are the attitude and expectation of the parties in taking part in good faith and their willingness to compromise.
Type: Article
Language: en
Keywords: Mediation
Commercial disputes
Civil Procedure Rules
Alternative Dispute Resolution
Commercial litigation
Appears in Collections: Legal Studies Research Group
Legal Studies Research Group

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