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Arbitration and Mediation in Seventeenth-Century England (Hardcover)
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Arbitration and Mediation in Seventeenth-Century England (Hardcover)
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Despite plague, fire, political upheaval and religious strife, in
the 17th century English people of all kinds used mediation and
arbitration routinely to help resolve their differences. Kings and
poor widows were parties. Kings and yeomen arbitrated. Francis
Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself
all took what they called arbitrament for granted as the best way
of resolving all kinds of disputes they could not manage
themselves. The redoubtable Lady Anne Clifford was exceptional; she
successfully withstood the insistent demands of James I to
arbitrate in her land dispute with her husband and family. Women
appear as often as men in many of the primary sources and have a
chapter to themselves. There are five parts: Part One describes the
background; Part Two the subject matter: land, family and business;
Part Three the people: parties and arbitrators; Part Four the law,
and Part Five draws conclusions. The 17th century saw great changes
in English life, but few and only towards its end in the ways in
which parties managed their disputes by arbitrament, usually asking
an even number of third parties, first to arrange a settlement as
mediators and, if that failed, to adjudicate as arbitrators.
Parties relied on bonds to ensure each other's performance of the
submission and award. But, as the century drew to its close,
lawyers advised their clients to take advantage of the courts'
offer to accept a claim and, with the parties' consent, to refer it
to arbitration, with arbitrators appointed by the court. That
process came to be called a rule of court and the Government
established it by the Arbitration Act 1698.
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