||About the Author||Penny Brooker is a Reader in Alternative Dispute Resolution and Mediation at the University of Wolverhampton, UK. She, along with Suzanne Wilkinson, has edited Mediation in the Construction Industry: An International (2010
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use?ADR or mediation. One of the effects of this insti...
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