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Title: Moving on from a judicial preference for mediation to embed appropriate dispute resolution
Authors: Ahmed, Masood
First Published: 2019
Publisher: Queen's University Belfast, School of Law
Citation: Northern Ireland Legal Quarterly, 2019, In Press
Abstract: This paper critically considers judicial approaches to and promotion of mediation within the English civil justice system. It argues that the overzealous judicial emphasis on mediation in the ADR jurisprudence has restricted the wider concepts of ADR and 'dispute resolution' which in turn has created what the author terms 'judicial mediation bias'. The paper critically explores these issues through an analysis of the ADR jurisprudence, with a focus on key Court of Appeal ADR authorities, and successive civil justice reforms. The paper makes proposals for reform, including the potential use of stages one and two of Lord Justice Briggs' online court to promote a greater application of a variety of ADR procedures, in particular, judicial early neutral evaluation and collaborative dispute resolution.
ISSN: 0029-3105
Links: TBA
Embargo on file until: 1-Jan-9999
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2019, Queen's University Belfast, School of Law. Deposited with reference to the publisher’s open access archiving policy. (
Description: The file associated with this record is under embargo until publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.
Appears in Collections:Published Articles, School of Law

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