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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Carrot and Stick Approach in English Mediation–There Must Be Another Way
Author(s): Yu, Hong-Lin
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Keywords: mediation
compulsory mediation
Issue Date: May-2015
Date Deposited: 16-Nov-2015
Citation: Yu H (2015) Carrot and Stick Approach in English Mediation–There Must Be Another Way. Contemporary Asia Arbitration Journal, 8 (1), pp. 81-112.
Abstract: Intending to achieve costs savings and delivering value in the dispute management process in both civil and commercial disputes, parties are "encouraged" to engage in mediation according to the decisions handed down in Halsey and PGF II by the English courts. The suspicion of de facto or implied compulsory mediation was further expressed with the implementation of the EU Mediation Directive. Disputants are actively encouraged to take up mediation. Failing to do so, costs sanctions will be used as a "stick" to penalize for having unreasonably refused to mediate in the eyes of the courts. This development has seen the voluntary nature of mediation, the need to educate the parties and the need for a legislative framework being sidelined.
Rights: The publisher has granted permission for use of this work in this Repository. Published in Contemporary Asian Arbitration Journal (vol. 8.1) by National Taiwan University:

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