Staff Profile
Professor Bryan Clark
Professor of Law and Civil Justice
- Email: bryan.clark@ncl.ac.uk
- Telephone: +44 (0)191 2087558
- Address: 21-24 Windsor Terrace
Newcastle upon Tyne
NE1 7RU
BA (Robert Gordon), LLM (Dundee). PhD (Glasgow)
I joined the Law School in April 2019 as a Professor having previously spent 15 years at the University of Strathclyde in Glasgow where I was Head of School from 2013-2016. Prior to that I was a lecturer at Heriot Watt University in Edinburgh, a researcher at the Robert Gordon University in Aberdeen and have also worked in Further Education.
I am currently Deputy Head of Department (Academic Affairs)
I am a socio legal scholar with interests in mediation and alternative dispute resolution and in particular how these processes interact with formal civil justice and the workings of lawyers and judges. I also have interests in aspects of commercial law and access to justice more broadly.
I am passionate about teaching, aiding students to become reflective learners and an advocate of widening access to legal education and the legal profession.
Twitter: @clarkbryan71
LinkedIn: https://www.linkedin.com/in/bryan-clark-670139182/
Bryan Clark (researchgate.net)
My main research interests lie in the area of ADR, mediation and in particular the interaction of these processes with formal civil justice, the workings of courts and lawyers and access to justice. I am also interested in aspects of commercial law, particularly company law and corporate governance issues. I regularly contribute to national and international seminars and conferences . My publications include Lawyers and Mediation (Springer, 2012) and the Stair Memorial Encyclopaedia Title on Mediation (Sweet and Maxwell, 2014, update 2018).
I am active in professional organisations relevant to my fields of expertise. I am currently a Board Member of the Arab Mediation Centre - amcadr.org - Chair of the Validation and Accreditation Panel of Relationships Scotland, former Board Member of Scottish Mediation and former Member of the Civil Mediation Council's Academic Committee. I am an Adviser to Lex Erudites - LEX ERUDITES - and a Global Adviser (UK) for Mediate Guru - Mediation | Mediateguru I was also a Member of the Expert Group for the recent Members Bill on promoting Mediation in Simple Procedure for the Scottish Parliament.
I was a judge in the 2021 InADR international student mediation competition and the Mediate Guru international student mediation and advocacy competition.
I recently delivered a webinar for Lex Erudites - LEX ERUDITES - on the emergence of mediation in the modern civil justice system, available here: Webinar "Resurrection of Mediation in the Contemporary Civil Justice System" - YouTube
I also presented a seminar on lawyers and mediation for students at the British University in Egypt as part of the Weinstein International Foundation student mediation competition and have recently presented papers at a range of in person and online conferences and seminars including for Scottish Mediation, Mediate Guru, at the SLSA annual conference (2021) and the 9th Australian ADR Research Network Round Table and Civil Justice Research Conference
Some ongoing work includes:
Examination of court based mediation in Scotland, England and other jurisdictions.
Research into the impact of the Singapore Convention.
A new edition of my monograph Lawyers and Mediation (Springer, 2012) - Lawyers and Mediation | SpringerLink
An interview based study of international commercial mediators
A study of Scottish judges and technology
I am keen to hear from prospective PhD students in my fields of interest
This academic year I am leading the stage 3 UG elective in commercial law and dispute resolution LAW3047 and from September 2022 will be running a new online LLM in Mediation and Commercial Dispute Resolution
I am also the coach for the Newcastle Law School student mediation team and heavily involved in training students in mediation and mediation advocacy
- Clark B. Mandatory Mediation in England and Wales: Much Ado about Nothing?. Amicus Curiae 2022, 2(4), 143-159.
- Clark B. Mandatory mediation in England and Wales? A short note on the Civil Justice Council report, “Compulsory ADR”. The Australian Dispute Resolution Research Network Blog 2021.
- Clark B. The role of lawyers in mediation: whose child is it anyway?. New Law Journal 2021, (7944), 15-16.
- Clark B, Keegan G. Making A difference? Parenting Apart in Scotland. Journal of the Law Society of Scotland 2020, (February 2020).
- Clark B, Sourdin T. Minority Report? The Singapore Convention. New Law Journal 2020, 7912.
- Clark B. No so simple? Court referred mediation in Scotland. Civil Justice Quarterly 2020, 39(1), 23-46.
- Clark B, Sourdin T. The Singapore Convention: A Solution in Search of a Problem?. Northern Ireland Legal Quarterly 2020, 71(3), 481-499.
- Clark B. Without Prejudice: Shedding New Light. New Law Journal 2020, 170(7902).
- Clark B, Keegan G. A Review of Parenting Apart: A Report for Relationships Scotland. 2019.
- Clark B. Lomax v Lomax & the future of compulsory mediation. New Law Journal 2019, (7866).
- Clark B. Some reflections on 'I won't see you in court'. Juridical Review 2019, (2), 182-189.
- Clark B. Where now for ADR? Some reflections on the Final Report of the CJC ADR Working Group. New Law Journal 2019, 169(7845).
- Clark B. Stair Memorial Encyclopaedia Mediation Title (2nd reissue). Edinburgh: Lexis Nexis, 2018.
- Agapiou A, Clark B. The practical significance of confidentiality in mediation. Civil Justice Quarterly 2018, 37(1), 74-97.
- Clark B. A tale of two jurisdictions: mediation case law in England & Wales and Scotland. Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 2017, 12(4), 13-27.
- Agapiou A, Clark B, Trushell I. Construction mediation in Scotland: an Investigation into the attitudes and experiences of mediation practitioners. International Journal of Law in the Built Environment 2016, 8(2), 101-122.
- Birds J, Boyle A, Clark B, MacNeil I, McCormack G, Twigg-Flesner C, Villiers C. Boyle and Bird's Company Law. Bristol: Jordans, 2015.
- Clark B. Can courts enhance the use of mediation?. Asian Journal on Mediation 2015, 2015, 49-59.
- Clark B. Some thoughts on IBAS adjudication. Scots Law Times 2015, 12, 61-64.
- Agapiou A, Clark B. A reflection on construction mediation in Scotland. Proceedings of the Institution of Civil Engineers - Management, Procurement and Law 2014, 167(6), 265-272.
- Agapiou A, Clark B. Construction mediation in Scotland: an investigation into attitudes and experiences of mediation practitioners. In: Proceedings of the 30th Annual ARCOM Conference. 2014, Portsmouth, UK: Association of Researchers in Construction Management (ARCOM).
- Agapiou A, Clark B. A follow-up empirical analysis of Scottish construction clients' interaction with mediation. Civil Justice Quarterly 2013, 32(3), 349-368.
- Agapiou A, Clark B. Learning from experience. Construction Journal 2013, 13-13.
- Clark B. Mediation in employment disputes. In: Access to Justice in Employment Disputes. Liverpool: The Institute of Employment Rights, 2013, pp.12-13.
- Clark B. The great regulation debate. IAMA Pulse 2013.
- Agapiou A, Clark B. An empirical analysis of Scottish construction lawyers' interaction with mediation: a qualitative approach. Civil Justice Quarterly 2012, 31(4), 494-513.
- Agapiou A, Clark B. Construction clients and mediation: a follow-up study of attitudes and experience. London: Royal Institution of Chartered Surveyors, 2012. RICS Research.
- Clark B. Lawyers and Mediation. Berlin: Springer Verlag, 2012.
- Clark B, Agapiou A. Scottish contractors and subcontractors in the construction field: what of mediation?. Collaborate 2012, (70), 1-3.
- Clark B, Keegan G. Scottish Legal System Essentials. Dundee: Dundee University Press, 2012.
- Clark B. Panorama de la implementacion de la mediacion familiar en europa. In: Mediacion y resolucion colaborativa de conflictos. Santiago, Chile: Chilean Ministry of Justice, 2011.
- Agapiou A, Clark B. Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment 2011, 3(2), 159-181.
- Agapiou A, Clark B. An invesigation of construction lawyer attitudes to the use of mediation in Scotland. In: COBRA 2010. 2010, Dauphine Université Paris, France: Royal Institute of Chartered Surveyors.
- Agapiou A, Clark B. Scottish construction lawyers and mediation: a study of attitudes and experience. In: Socio-Legal Studies Association 2010 Conference. 2010, University of the West of England.
- Clark B. Mediation and Scottish lawyers: past, present and future. Edinburgh Law Review 2009, 13(2), 252-277.
- Clark B. Institutionalising mediation in Scotland. Juridical Review 2008, (3), 193-214.
- Clark B, Dawson C. ADR and Scottish commercial litigators: a study of attitudes and experience. Civil Justice Quarterly 2007, (26), 228-249.
- Clark B, Busby N, Spink P, Paisley R. Scots Law: a Student Guide. Tottel Publishing, 2006.
- Clark B, Benstock A. UK company law reform and directors' exploitation of corporate opportunities. International Company and Commercial Law Review 2006, 17(8), 231-241.
- Clark B. Water Law in Scotland: The Water Environment and Water Services (Scotland) Act 2003 and the European Convention on Human Rights. Edinburgh Law Review 2006, 10(1), 60-101.
- Clark B. Water use reform law in Scotland: a critical analysis. Journal of Environmental Law 2006, 18(3), 375-406.
- Langsford H, Clark B. A rebirth of corporate killing: lessons from America in a new law for Scotland. International Company and Commercial Law Review 2005, 16(1), 28-37.
- Clark B. Non-executive directors and liability issues in the post-Higgs era. Juridical Review 2004, 195-207.
- Clark B. A time for change? The development of commercial ADR in Scotland. Scots Law Times 2003, (20), 169-172.
- Clark B. Company directors disqualification: the new regime. Business Law Review 2002, 23(3), 54-59.
- Clark B. Migratory things on land: Property rights and a law of capture. Electronic Journal of Comparative Law 2002, 6(3).
- Clark B. ODR: the new kid in town. New Law Journal 2002, 152(1710).
- Clark B. Just and equitable winding up: wound up?. Scots Law Times 2001, (12), 108-111.
- Clark B. Unfairly prejudicial conduct: a pathway through the maze. The Company Lawyer 2001, 22(6), 170-177.