The Sound of One Hand Clapping: The Gill Review's Faint Praise for Mediation

Edinburgh Law Review, Vol. 14, No. 1, pp. 85-92, 2010

9 Pages Posted: 3 Oct 2010

See all articles by Charlie Irvine

Charlie Irvine

University of Strathclyde – Law School

Date Written: January 2, 2010

Abstract

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.

Keywords: Mediation, Civil Courts, Judicial Encouragement, European Directive on Cross-Border Mediation

JEL Classification: K40

Suggested Citation

Irvine, Charlie, The Sound of One Hand Clapping: The Gill Review's Faint Praise for Mediation (January 2, 2010). Edinburgh Law Review, Vol. 14, No. 1, pp. 85-92, 2010. Available at SSRN: https://ssrn.com/abstract=1686242

Charlie Irvine (Contact Author)

University of Strathclyde – Law School ( email )

Graham Hills Building
50 George Street
Glasgow, Scotland G1 1QE
United Kingdom
447779577019 (Phone)

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