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This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary.

This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary.

This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation.

Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.

The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research shows that the legal profession dominates construction mediation in both England and Wales.

The phenomenological approach was used to capture the lived experiences of the interviewees and gain insight into their views and practices. The data collection was by semi-structured interviews. The data was then analysed using software to establish themes.

The major difference in mediator practice discovered between the two groups is the use of the evaluative style by lawyer and facilitative style by non-lawyer mediators. Non-lawyer mediators strongly reported their criticisms of the evaluative style in mediation suggesting that it undermines the parties’ ability to self-determine their own dispute and reduces the level of satisfaction experienced by the parties in the process of mediation. Lawyer mediators supported the use of the evaluative style as an acceptable compromise on the parties’ self-determination and feelings of satisfaction in pursuit of achieving the goal of a settlement in mediation, which was significantly better than the escalation of stress and costs to the parties in the event that the dispute escalates to litigation. In addition, mandatory mediation, the role of advisors/advocates, governance and the future of mediation were explored.

The research is anticipated to be of particular benefit to parties considering referring a construction dispute to mediation.

The purpose of this research is to paint a picture of the current utility of mediation in the Scottish construction sector; determine the willingness of Scottish construction lawyers to shift away from traditional dispute resolution approaches towards mediation; and ascertain the drivers towards the adoption of mediatory techniques and the barriers to change.

Drawn from a questionnaire survey, this paper seeks to add to the dispute resolution literature by identifying the attitudes of construction lawyers on the use and effectiveness of mediation to resolve construction disputes in Scotland.

The findings suggest that there is a core of Scottish construction lawyers in Scotland that recognize the promise of mediation as a useful dispute resolution tool. Respondents generally profess knowledge of the process and some measure of positive practical experience and espouse positive views on mediation. Their response to mediation then does not appear to be one of cultural conservatism or fear of the unknown as opposed to traditional dispute resolution mechanisms, which for all their imperfections lawyers understand unequivocally.

It is recognized that the introduction of mediatory techniques into construction disputes will have a cumulative effect on the Scottish legal fraternity over time. Cross‐sectional studies are often unable to yield information about the direction of causal relationships between variables that are interrelated in a complex way. Neither do cross‐sectional studies permit researchers to assess the effectiveness of intervention strategies.

This is the first empirical work ascertaining the views and experiences of Scottish construction lawyers on mediation. While the research reveals evidence of a modest bottom‐up growth of construction mediation in Scotland, it also provides insight into key policy issues which will require to be resolved if mediation is to move from the margins to the mainstream of construction disputing practices in Scotland.

The Turkish Ministry of Justice submitted the Draft Law on mediation in legal disputes, which was predicated on the European Council (EC) Directive on certain aspects of mediation in civil and commercial matters, to the Turkish Parliament in June 2008. Contentious arguments have followed on the provisions of the Draft Law as well as on the overall applicability of mediation in Turkey. The purpose of this paper is to examine the context surrounding the new mediation phenomenon in order to identify the key challenges awaiting its widespread use in the Turkish construction industry.

Two complementary approaches were adopted in this paper. First, an analysis of the most debated papers of the Draft Law is carried out to determine the potential problems associated with the legislation by making comparisons with the EC mediation directive and mediation laws in some of the member states. Second, a series of structured interviews are organized among the Turkish construction industry to gain better insight on prevalent perceptions of mediation, assess pertinent demand and determine the sector specific challenges.

The comparative analysis of the Draft Law and the empirical results obtained from the industry indicate a promising platform for the deployment of mediation. However, the adverse attitude of lawyers, inadequate financial incentives, the lack of an industry specific institutional framework and low level of knowledge on mediation in the industry hinder wide acceptance despite the growing interest, as evidenced in the results of the interviews.

This paper is aimed to be a timely contribution to the process of the establishment of mediation in the Turkish construction industry. The paper provides a comprehensive analysis of the Draft Law through comparison with other legislation and furnishes original data on the perceptions of mediation in the Turkish construction industry in the quest for making projections for its further development.

The paper seeks to examine empirically the attitudes of English lawyers towards mediation in commercial landlord and tenant disputes. Despite much support from numerous sources there has been very little actual take‐up in this sector. It is premised that the future growth of mediation in commercial property disputes is hindered by the negative or sceptical perspectives held by some lawyers towards mediation.

The paper is based on data from questionnaires and a series of qualitative interviews with a variety of landlord and tenant lawyers combined with a thorough examination of existing literature.

Many lawyers were not keen to recommend the use of mediation. This was partly because of unfamiliarity as well as concerns that mediation is not a genuine legal process and that consequently it lacked status. Legal culture was identified as a problem here. Lawyers also felt that mediation was inappropriate in many cases. Education was suggested as having an important role in changing expectations, providing skills and raising awareness.

The qualitative data are based on a relatively small sample of lawyers active within the UK commercial property sector. Nevertheless, a wide cross‐section of practitioners was chosen.

The paper provides original data on the attitudes and perspectives of lawyers active in commercial property disputes. This is an area that has yet to receive sustained attention.

This paper aims to examine how the law may play a role in mediation by paying special attention to how the law is excluded from and included in the process of court mediation in China.

Hundred model court mediation cases selected by the Supreme People’s Court of China were analysed and reviewed.

The law is relevant in Chinese-style court mediation in four ways: first, judge-mediators are intended to use mediation to avoid resolving legal difficulties or challenges; second, judge-mediators consult the law to anticipate the losing party and the potential negative effects that might result from the adjudication; third, judge-mediators refer to the law to propose a mediation scheme or plan to guide the parties to settle; and fourth, judge-mediators would use the law as a bargaining chip in various ways to induce the parties to settle.

Standards should be set out for the use of law in the mediation process to standardise judge-mediators’ actions, to ensure that the law is not used coercively to push settlement, which would undermine the parties’ self-determination in mediation.

This paper provides an original understanding of how law affects the process, the outcomes and, ultimately, the nature of settlements that parties achieve through court mediation in China. This study contributes to the literature that argues that ethical norms and legal standards should be set to direct those legal evaluations.

Many laws have been derived from the religions' legislations and many of them do not have the capability of uniqueness and publicity, due to a variety of reasons, especially at the level of countries. However, the spirit of legislations is the same and unique in all religions and it is the Tariqah (Sufi path), Sufism, mysticism and ethical beliefs that have been stable and unchangeable for millenniums, and wisdom has accepted and accepts them in all times and locations. Thus, if the international public law is to be defined and designed upon the base of the unique religions' spirit, we will reach a unique law with most publicity. This paper aims to address these issues.

This paper explores the foundation of public international law from the theosophy approach of Islamic Sufism and mysticism.

By raising 38 principles, the paper proposes basic principles of important public international law subjects to prepare a backbone for recompilation of new law in this subject matter.

Comparative researches in other religions' Gnosticism will be helpful.

These principles can be used for applied debates in the field and become new international law.

Delicateness, truthfulness, and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this viewpoint, and a new set of laws to be codified.

Public international law scholars have not touched the topic from a Sufi viewpoint. This paper opens new challenging arena for those who are engaged in.

Although Australian franchising sector regulation promotes system disclosure and provides for mandatory conflict mediation, there is some concern that inequities exist within the conflict management process. From 2006 to 2008 no less than four government inquiries into franchising took place in Australia in an attempt to resolve problems occurring in the sector. A major issue was that of the perceived imbalance of power in the franchisor‐franchisee relationship, which often results in conflict between the two parties. The purpose of this paper is to extend the conflict literature in dyadic exchange relationships through investigating the causes of conflict from the franchisor and franchisee perspectives.

Exploratory research is undertaken to identify the major causes of franchising conflict. Face‐to‐face interviews are conducted with 24 franchising experts, such as lawyers and mediators, to draw upon their considerable experience in the sector.

The key findings suggest that a lack of due diligence is associated with the formation of unrealistic expectations which increases the potential for future relational conflict. Although franchising experience impacts upon operational approaches and conflict, the role played by third parties and market conditions both appear to exacerbate dissatisfaction in franchise systems.

This research is exploratory and therefore the findings are tentative. The preliminary conceptual models will be tested in a large quantitative survey of key franchising stakeholders in the near future.

With the Australian franchising sector presently under intense scrutiny by regulators this research is timely and important. It is expected that the findings will provide government and industry representatives with a more balanced understanding of the causes of franchising conflict so that preventative action may be taken.

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Examines dispute resolution in Britain and in particular, third‐party intervention, notably conciliation, mediation and arbitration as provided by the Advisory, Conciliation and Arbitration Service (ACAS). Examines the role of industrial tribunals and makes a comparison with arbitration. Draws attention to recent trends in dispute resolution in Britain and in particular the rise in individual conciliation cases as British workers exercise their new found rights under European Union (EU) law. Comments on possible reforms to the system of dispute resolution in Britain.