Dispute mediation is a practice in which third-neutrals (mediators) help conflicting parties to resolve a dispute in civil cases such as divorces, child custodies or in the workplace for example. Mediation is becoming a major dispute resolution process in most countries; for instance, calls to mediation services are increasing, and many countries make it mandatory to resort to mediation before going to court. This is because it presents many advantages over traditional litigation: it is quicker, cheaper and less stressful. This growth has led scholars to carry out various types of research with the aim of discovering the characteristics of discourse in mediation. As a result, theories based on systematic analyses of mediation dialogues are appearing, which offer novel insights and valuable data. As many research works have shown, argumentation deserves a particular attention in mediation since mediators must, at the same time, make sure that disputants effectively argue to reach an agreement, and preserve their neutral role. The increasing visibility of mediation and the growing number of investigations on the topic offer new opportunities to provide mediation professionals with support tools which the process lacks when compared with other dispute resolution procedures such as traditional litigation. The research reported here therefore proposes to advance theoretical knowledge of the dialogical and argumentative activity in mediation in order to deliver practical applications to support mediation training. To achieve this goal, this work relies on argumentation theory applied to discourse studies and computational models, namely Inference Anchoring Theory (IAT). This framework has already been successfully applied to other dialogical contexts (radio debates) in order to study argumentation. It has been shown that its main advantages are its flexibility regarding annotation schemes and its ability to elicit nonobvious argumentative structures which can then be easily modelled thanks to detailed analyses of dialogical dynamics (see e.g. (Budzynska et al., 2016)). As a first step, a close analysis of transcripts of mediation sessions with IAT allows exploring the link between dialogical and argumentative dynamics, and revealing their patterns. Once modelled, these patterns are used to define rules which are then specified in the form of a dialogue game: the Mediation Dialogue Game (MDG). MDG rules are defined after in-depth empirical studies and statistical analyses. They reflect therefore mediation participants’ actual behaviours; they can also be regarded as normative rules since any mediation dialogue can be compared with MDG rules. The game can also be played in conversational support systems to enable trainee-mediators to practice their skills and techniques in a computational environment replicating mediation dialogues, in the same way as role-plays, the basis of mediation training. Though the aim of this work is to provide a tool for mediation training, the different contributions of this work also represent a first step towards the development of a tool which mediators could use during sessions. To verify the quality and reliability of MDG, actual mediation dialogues are compared with the rules of the game, thus leading to a revision of some rules for a more accurate dialogue protocol. It is then shown that the revised version of the game, MDG’, fairly matches mediation interactions, and can be further developed as a fully-fledged tool for mediation training. The game represents therefore an empirically based normative tool which finds practical applications. The evaluation process reveals some limitations of MDG’. Meta-discourse, in particular, plays a major role in mediation dialogues which the game fails to capture. The necessity for potential users to use meta-discursive moves in MDG’ in order to have a greater impact on the direction and content of the dialogues is hence highlighted, and a method for the analysis of the role and function of meta-discourse in mediation is proposed. This first-ever study of meta-discourse in mediation dialogues represents the foundation of a wider account of mediation discursive and argumentative characteristics. As a conclusion, the research presented here stands as a novel approach of argumentative dialogues in mediation and explores the relationship between dialogical dynamics and meta-discourse. It relies on in-depth investigations of a corpus of mediation dialogues in order to explain the link between dialogical behaviours and argumentative dynamics. These theoretical findings are then used to develop a practical tool intended for mediation training. This work brings new findings in argumentation theory and discourse studies, advancing theoretical knowledge and creating an opportunity for the support of mediators’ training in a context of growing interest in alternative dispute resolution procedures.

This research is an assessment of the level to which the right to a fair trial as enshrined in Article 6 of the European Convention on Human Rights is available in the Republic of Lithuania. It is also intended to fill a void in the literature on the functioning of human rights protection in contemporary Lithuania. Three aspects of Article 6 are considered: judicial independence; the rights of the parties; and implementation of the Convention. Also considered is the residual effect of Soviet cultural history, which appears to continue its affects on Lithuania’s legal system to the detriment of the right to a fair trial. Although the judiciary appears institutionally independent, its members do not appear independent in fact. Potential parties to litigation may be denied access to a court for some claims. Parties in litigation face the possibility of lengthy proceedings, persons suspected of a crime face potentially lengthy pretrial investigations with indeterminate periods of detention, and targets of criminal investigations can face public opinion assessing guilt, including by political leaders and the prosecution service. The prosecution service also appears institutionally independent, while its members do not appear independent in fact. In considering implementation of the Convention, Lithuania has complied with most of the adverse judgments by the European Court of Human Rights. However, Lithuania’s promise to provide conditions for a fair trial in the national legal order, made when it adopted the Convention, appears in need of substantial improvement. At the most fundamental level there are three areas that would benefit the prospects for a fair trial in Lithuania: increased public education and civic involvement; improve quality of public services by improving legal education and training, including compliance with professional ethics; and developing problem solving techniques focused on improving system functions rather than assigning fault.

This thesis examines how relationships and ethical practices and judgements are made explicit in the dispute forums of Papua New Guinea (PNG). It also explores what the outcomes of this explication can mean for methods of local conflict resolution. My findings are based on twelve months of fieldwork conducted in the province of West New Britain, with particular focus on the region of Bialla and the dispute forums therein. There are a large number of dispute forums used in Bialla that emerge outside the purview of the state government. With such a large number of different venues in the region, it is worth asking what they are used for and how they might connect with, and work alongside, a relatively more state recognised venue - the village court. Without more extensive consideration of how these forums work in relation to one another, can current discussions surrounding the uses and outcomes of the village courts accurately reflect what these forums do? To answer these questions my research explores the significance of actor-networks and conceptions of place in the production of authority and conflict resolution. By mobilising theories of emplacement and actor-oriented anthropology my findings are able to challenge the prevailing understanding that law sits at the heart of the courts and can be used as bar against which the use and outcomes of a dispute forum can be measured. By removing law from this central position, other facets that are significant to the usage of dispute forums in Bialla can be revealed. My discussion revolves around the examination of a number of Bialla's dispute forums including: the content of the disputes overseen there, details of the way in which disputes are treated in each instance, and the way in which each forum materialises physically on each occasion. In this way, my research considers factors that contribute to the use of these dispute forums and what that may mean for local communities. I explore how extensive group dynamics and long established conflicts are represented and addressed in each. Those venues that are unable to address certain disputes also provide a revealing aspect of my discussion. Limitations go some way to explain why such a wide range of forums are required to oversee the variety of disputes in Bialla. Ultimately, I argue that dispute forums are flexible venues that materialise as a result of actor-networks in order to address the wide variety of disputes arising in the area.

Over the last thirty years there has been a dramatic diversification of the legal services sector; a significant number of women have joined the workforce. Feminist theorists and legal scholars have sought to understand the 'feminisation' of the profession and the paradoxical processes of gender stratification and gender segmentation. Despite the volume of scholaship in this field, there is a lack of empirical data on gender, the body and professional service firms (PSFs). This thesis addresses this gap, offering insight into the 'provincial PSF' and introducing the non-elite legal services worker into existing debates within femnist geography regarding gender and the body at work. This qualitative study is the first of its kind, comprising forty in-depth interviews with male and female legal professionals employed in the local labour markets (LLMs) of Bristol and Guildford. Data analysis uncovers striking gendered difference in aspirations and attitudes regarding pay, place, career progression and parenthood. Using a range of methodological tools, an interdisciplinary appeoach aims to flesh out a new feminist 'politics of the body' which can be used by feminist geographers to examine interactive services work.

This study investigates legal interpreters’ perception of their roles in the British judicial system through three steps. The exploration began with legal interpreters’ role, which is the vital foundation of legal interpreting. Then, the definition, constitution, and approaches of legal interpreter’s main role, providing accurate and faithful renditions of original utterances, were explored. The investigation ended with the most prominent moral dilemmas and practical difficulties obstructing legal interpreters’ effective delivery of their role. Data is collected through a mixed methods approach using questionnaires and semi-structured interviews with qualified interpreters on the National Register of Public Service Interpreters (NRPSI) and written interviews with six legal practitioners. Findings reveal that communication facilitator and faithful renderer of original utterances were the best descriptions of the legal interpreter’s role, according to their own perceptions. However, understanding of this aspect and the establishment of a clear professional status of interpreters have not been achieved across the British judicial system. Interpreters in this study were in general agreement on the concept of accurate interpretation and faithful reflection of the main linguistic content as well as the original pragmatic strength in the target language rendition. However, they reported divided views regarding the treatment of each pragmatic element of speech. Reflections on difficulties fall into five main areas of insufficient contextual information, linguistic challenges, complicated legal procedure, lack of understanding of the interpreting profession and emotional challenges. However, various parties in the current legal context have not recognised these difficulties. Interpreters pointed out the importance of addressing these issues in the training process for both interpreters and legal practitioners and setting up an interpreter support regime. Findings may help to identify gaps in the existing certification process and training courses helping legal interpreters to be equipped with knowledge and solutions to be better prepared for various challenging situations.

The UK construction industry is notorious for the sheer amount of disputes which are likely to arise on each building and engineering project. Despite numerous creative attempts at “dispute avoidance” and “dispute resolution”, this industry is still plagued with these costly disputes. Whilst both academic literature and professional practices have investigated the causes of disputes and the mechanisms for avoidance/resolution of these disputes, neither has studied in any detail the nature of the construction disputes and why they develop as they do once a construction lawyer is engaged. Accordingly, this research explores the question of what influences the outcome of a construction dispute and to what extent do construction lawyers control or direct this outcome? The research approach was ethnographic. Fieldwork took place at a leading construction law firm in London over 18 months. The primary focus was participant observation in all of the firm’s activities. In addition, a database was compiled from the firm’s files and archives, thus providing information for quantitative analysis. The basis of the theoretical framework, and indeed the research method, was the Actor‐Network Theory (ANT). As such, this research viewed a dispute as a set of associations – an entity which takes form and acquires its attributes as a result of its relations with other entities. This viewpoint is aligned with relational contract theories, which in turn provides a unified platform for exploring the disputes. The research investigated the entities and events which appeared to influence the dispute’s identity, shape and outcome. With regard to a dispute’s trajectory, the research took as its starting point that a dispute follows the transformation of “naming, blaming, claiming…”, as identified by Felstiner, Abel and Sarat in 1980. The research found that construction disputes generally materialise and develop prior to any one of the parties approaching a lawyer. Once the lawyer is engaged, we see the reverse of the trajectory “naming, blaming, claiming…” this being: “claiming, blaming, naming…” The lawyers’ role is to identify or name (or rename) the dispute in the best possible light for their client in order to achieve the desired outcome – the development of which is akin to the design process. The transformation of a dispute and the reverse trajectory is by no means linear, but rather, iterative and spatial as it requires alliances, dependencies and contingencies to assemble and take the shape it does. The research concludes that construction disputes are rarely ever completely “resolved” as such. Whilst an independent third party may hand down a judgment, or the parties may reach a settlement agreement, this state is only temporal. Some construction disputes dissipate whist others reach a state of hibernation for a period of time only to pick up momentum and energy some years later. Accordingly, this research suggests that the concept of “dispute resolution” does not exist in the UK construction industry. The ultimate goal should be for parties to reach this ultimate and perpetual state of equilibrium as quickly and as cost effectively as possible: “dispute dissolution”, the slowing down of the dispute’s momentum. Rather than focusing on the design and assemblage of the dispute, the lawyers’ role therein is, or should be, to assist with the “disassembling” of the dispute.

This thesis provides a comprehensive analysis of the process by which decisions are made in magistrates' courts as to whether adult defendants charged with either way offences should be tried or sentenced in that court or at the Crown Court. An empirical study of three magistrates' courts in England suggests that a series of piecemeal initiatives geared explicitly towards a policy objective of restricting the number of cases reaching the Crown Court have only had a limited impact because they have failed to become part of the culture of the lay magistracy. It is argued that there is a lack of impetus coming from within magistrates' courts to complete more cases as court participants in general do not appear to acknowledge the validity of that objective. A secondary objective has been the enhancement of consistency between courts when determining which cases can be completed by magistrates in the public interest. The findings of this study suggest that the prime explanation for variations between courts lies in individual court culture and the effect that this has on the working practices of all court participants. It is suggested that most mode decisions are effectively not taken by magistrates, but are the outcome of prior negotiation between lawyers. But this negotiation is conducted within the context of a shared understanding as to which cases that particular court was likely to retain and which were likely to be committed to the Crown Court.

This work examines the deficiencies of the New York Convention of 1958, on the "recognition and Enforcement of Foreign Arbitral Awards", relating mainly to the enforcement refusal ground V (1) (e) dealing exclusively with annulled foreign arbitral awards. Chapter One deals with the importance of the New York Convention and also clarifies its deficiencies reflected in the ambiguous language of Article V (1) and in failing to mention the grounds upon which rendered arbitral awards can be annulled. Chapter Two examines the attempts of the Contracting States adhering to the 1958 Convention and the extent of such attempts to cover its deficiencies, in particular the absence of the annulment grounds. Chapter Three mainly examines the effect of the absence of the annulment grounds, under the Convention, on the Contracting States' attempts, discussing, in particular, the grounds upon which the rendered arbitral awards can be annulled. In other words, this chapter examines whether the annulment grounds listed under the national arbitration laws are mandatory or have adequately covered the 1958 Convention's deficiency and thus cannot be waived or expanded either by the provisions of national arbitration laws or parties' agreements. Chapter Four concentrates on the academics' and national courts' approaches when recognition and enforcement of annulled foreign arbitral awards are sought. This determines the vital role of the deficiencies of the 1958 Convention and their effects on the national enforcement courts' decisions and on the extent of the discretion which they should exercise. This work concludes that the implementation of the enforcement refusal ground V (1) (e) is affected. The conclusion will demonstrate that arbitral awards annulled in their countries of origin can survive and be capable of being recognised and enforced when enforcement applications are made in a state other than the state where the arbitral award is annulled.

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The rapid changes and fast development in international trade and the economy has resulted in a complicated relationship between countries, people and business. The impact of this can be seen in many areas of legal studies and law. Private international law, or the conflict of law, is one of the areas that have been through major development and improvement. Private international law or the Conflicts of Laws covers the case in which the law for more than one country is involved. Hence, the allocation of jurisdiction in cases where a foreign element is involved is significant. Courts around the world may be determined to exercise their power according to their own national jurisdictional rules without any involvement from other courts. The English courts have used anti-suit injunctions to protect their own jurisdiction and to enforce arbitration agreements and jurisdictional clauses. This injunction is a remedy granted to prevent a defendant from commencing or continuing proceedings in a foreign court. This thesis is about whether anti-suit injunctions are enforceable and recognisable in Saudi Arabia. It also examines whether the concept of antisuit injunctions can be useful as a remedy in the Saudi legal system. To address this, the research evaluates and examines the sources of law in Saudi Arabia, and the process of legislation in the country. It explains and looks at the different types of courts and judicial committees in Saudi Arabia, and how they confer jurisdiction. The thesis also provides an evaluation of the influences that international law has on Saudi law. It also explores and examines the rules and laws of jurisdiction in Saudi Arabia, as well as the processes and methods used for the enforcement of foreign judgments. A clear explanation and consideration of the historical background of anti-suit injunctions and their use is developed in this research. The thesis provides a discussion about the enforcement law of Saudi Arabia, and the enforcement process, as well as an evaluation of the law and rules of jurisdiction and litigation in Saudi Arabia. The study finds that the application of the Sharia principles and the Saudi public policy is confusing. This leads to a state of uncertainty regarding the enforceability and recognition of a foreign anti-suit injunction by the Saudi courts. It also finds that the domestic use of the anti-suit injunction within the Saudi judicial system would face certain challenges. However, it suggests that a Saudi anti-suit injunction should be granted against foreign proceedings in several cases; to enjoin parallel proceedings where the same dispute involving the same parties is concurrently brought before a Saudi court and a foreign court; to enforce a choice of court agreement where the Saudi forum is the only choice; or, in support of an arbitration agreement. Finally, this thesis argues that a further improvement and development of the Saudi legal system is vital, however, a strong political will is needed to recognise, regulate and provide all the means and resources required for this improvement and development to be active and effective.