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Mediation and judicial review: an empirical research study

Bondy, Varda, Mulcahy, Linda, Doyle, Margaret and Reid, Val (2009) Mediation and judicial review: an empirical research study. The Public Law Project, London, UK. ISBN 9781898421139

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Abstract

The aim of this research is to establish an independent evidence base for identifying the value and the limits of mediation as an alternative to, or used alongside, judicial review. It has been devised in response to claims made by government and mediation providers that mediation can lead to savings in costs as well as in court time, and provide remedies and solutions to disputes that cannot be offered by the court. These claims will be considered in the specifi c context of judicial review, which not only has an important constitutional function, but, compared to other forms of civil litigation, offers fl exibility, low costs and speed. Moreover, claims as to the value of mediation need to be examined in light of the realities of judicial review litigation. For example, a large proportion of judicial review claims end in settlements negotiated between the parties, with little input from the court. Therefore, any aspects of added value that mediation may offer need be considered in relation to bilaterally negotiated settlements as well as in relation to judicial determinations. The claims for mediation stand in stark contrast to the low take-up of mediation by lawyers generally. In particular, it is indisputable that the take-up of mediation as an alternative to judicial review is low. The research team was interested in analysing the reasons for this, for instance, whether it comes about as a result of lack of understanding of the process, an assessment of it as adding no value to bilateral negotiations, or more principled concerns such as the importance of a transparent supervisory role for the court, the need to create precedents, and the retreating role of adjudication in public law.

Item Type: Monograph (Discussion Paper)
Official URL: http://www.publiclawproject.org.uk
Additional Information: © 2009 The Public Law Project
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 11 Jan 2010 09:19
URL: http://eprints.lse.ac.uk/26615/

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