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In Scotland, commercial mediation has progressed in quite a different way from many other jurisdictions. While it is often assumed that the Lord Woolfinspired reforms affected the whole of the UK, Scotland, with its separate legal system, remained largely unaffected by the changes which led to the new Civil Procedure Rules in England. The jurisdiction of the Department of Constitutional Affairs to promote mediation weeks or major mediation schemes does not extend to Scotland. Until recently, there had been relatively little overt judicial encouragement. And yet, mediation is being used increasingly in commercial and organisational disputes.

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