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ADR and Scottish Commercial Litigators: A Study of Attitudes and Experience

https://doi.org/10.2139/ssrn.1002991
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21/21 checkable references clean · checked 2026-08-28

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

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The 21 checked references that resolve
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Scots Law News
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Clark, Sir Robert Anthony [Bob] (1924–2013), special operations officer, solicitor, and businessman
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Supra-acetabular cysts in a medieval skeletal population
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Role of the Supra-œsophageal Ganglion during the Early Stages of Caudal Regeneration in Some Errant Polychætes
resolves10.1080/014461997372728
Perceptions of alternative dispute resolution as constraints upon its use in the UK construction industry
resolves10.1093/ww/9780199540884.013.9708
Butter, His Honour Neil (Mclaren), (born 10 May 1933), a Circuit Judge, 1982–2001; a Judge of Central London County Court, 1994–2001; Designated Civil Judge, London County Court Group, 1998–2001; Senior Circuit Judge, 1998–2001
resolves10.1111/j.1468-2230.1992.tb01874.x
Mediation in the Lawyers' Embrace
resolves10.1111/j.1365-2044.1973.tb00502.x
A reply by Dr Robertshaw
resolves10.1016/s0028-3932(03)00118-0
Brain activation patterns during measurement of sub- and supra-second intervals
resolves10.1002/alt.3810141104
Lessons learned: Minnesota courts and practitioners tackle ADR: System implementation means difficult choices
resolves10.23883/ijrter.2018.4058.4rnlx
SUPRA – R – COMPACTNESS AND SUPRA – R – CONNECTEDNESS
resolves10.1007/978-3-540-47648-1_5826
Tissue Kallikreins
resolves10.1093/he/9780191868320.003.0050
Wood v Waddington [2015] EWCA Civ 538, Court of Appeal
resolves10.1093/ww/9780199540884.013.u254195
Wood, Catherine, (born 27 Aug. 1963), QC 2011; a Recorder, since 2007
resolves10.1093/ww/9780199540884.013.u33205
Ross, Hugh Robert, (born 21 April 1953), Director, Hehir-Ross Partnership Ltd, 2011–14; consultant, 2011–14
resolves10.1093/ww/9780199540884.013.u33195
Ross, Rt Hon. Lord, (Donald MacArthur Ross) (29 March 1927–26 April 2025)
resolves10.1163/ej.9789004206632.i-220.15
Holsteiner Court Councilor Samuel Rachel’s Criticism Of Samuel Pufendorf
resolves10.2307/796205
Against Settlement
resolves10.4324/9781315471372
Professions and Power (Routledge Revivals)
resolves10.1787/data-00651-en
STAN Indicators Rev. 4
The 95 references without a DOI — listed, not checked
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no DOI — not checkedMeeting in the Middle: A Study of Solicitors' and Mediators' Divorce Practice
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no DOI — not checkednd edn, advance copy made available to the author for which I am grateful to both Margaret Ross
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no DOI — not checkedLawyers and ADR
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no DOI — not checkedLawyers and Dispute Resolution: What do they think and know (and think they know
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no DOI — not checkedOhio State Journal of Dispute Resolution. Interestingly, this assumption tended to be held by the respondents themselves. Over 2/3rds of respondents in response to a later question in the study either "strongly" agreed or "somewhat" agreed with the statement that "there is a distinct lack of awareness regarding ADR amongst the legal fraternity in Scotland
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no DOI — not checkedA view recorded by respondents in Mays & Clark supra n. 1. See also J. Riekert "Alternative Dispute Resolution in Australian Commercial Disputes" (1990) 1 Australian Dispute Resolution
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no DOI — not checkedascertain if those longer-standing members of the profession held more traditional views on the litigation environment and ADR's place within it, no clear pattern emerged. The handful of respondents who viewed that a lawyer's standing might suffer if he/she participated more often in ADR were not surprisingly also of the view that suggesting ADR was a sign of weakness
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no DOI — not checkedSupporting Court Users: The in-court advice and mediation projects in Edinburgh Sheriff Court
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no DOI — not checkedA traditionalist looks at mediation: it's here to say and much better than I thought
no DOI — not checkedadjudicatory process does not have other important functions such as ensuring the law is applied equally, allowing citizens to take part in governance, checking arbitrary power, educating jurors and as acting as a substitute for anarchy and disorder -see S. Subrin supra n. 125. For an illuminating discussion of some of the policy arguments surrounding adjudciation versus negotiated settlement, see C. Menkel Meadow
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no DOI — not checkedIt has been suggested that clients whose own professional or business operations are orderly, rational, efficient, and reflective might prefer a method of dispute resolution that comes closest to operating in a highly rational, efficient way -see R. Redmount & F. Mosten
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no DOI — not checkedthose respondents who joined their respective professions in the 1960's or 1970's were slightly more likely to view litigation in a positive light -37% of such respondents viewing litigation as meeting business needs as opposed to 29.6% in the general set of responses. Regarding types of legal professional, advocates were the most likely to agree that litigation served the interests of the business community well, with 50% of advocate respondents agreeing with the statement compared to 28% of solicitor/advocates and 29.4% of solicitors
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