The Phenomenon of Mediation: Judicial Perspectives and an Eye on the Future
Noel Rhys Clift
affiliation not provided to SSRN
May 3, 2010
The “Review of Civil Litigation Costs: Final Report” by Sir Rupert Jackson was published on 14th January 2010. This contains yet further support for ADR, and mediation in particular. Prompted by the publication of the Final Report, this paper sets out a few points about mediation, its function, its place in civil justice, the likely effect of the European Mediation Directive, the role of mediation in the maritime field and, in particular, expresses a short note of concern about how mediation might develop. The writer does not purport to cover the entire ground but touches upon a few selected points. In particular, the paper focusses on certain views expressed, prior to the Final Report, by senior members of the English judiciary in support of the wider use of mediation.
Mediation is something of a global phenomenon, as a short glimpse on the Internet alone will attest; but this note is primarily directed to the picture in England and Wales. Mediation is in many ways a remarkable process; vigorous, dynamic and effective. Its wider use is to be encouraged; its development should be handled with care.
Number of Pages in PDF File: 10
Keywords: ADR, alternative dispute resolution, mediation, litigation, European Mediation Directive
Date posted: May 5, 2010 ; Last revised: July 26, 2010