Staff Profile: Dr Penny Brooker

School

University of Wolverhampton Law School

Role

Reader

Contact details

Direct line: 01902 321646

Email: p.j.brooker@wlv.ac.uk

Address: 

University of Wolverhampton
Faculty of Social Sciences
Mary Seacole Building
City Campus 
Wolverhampton
WV1 1LY

Biography

Dr Penny Brooker is a Reader in Alternative Dispute Resolution (ADR) and Mediation. She is based at the Wolverhampton Molineux Campus. She has been lecturing for over 20 years.

She researches in the area of commercial and construction mediation and publishes in international and national referred journals in both the legal and built environment fields. More specifically this research explores the utilisation of mediation as a dispute resolution mechanism in the built environment and commercial sectors and the study of mediator techniques.

She was the co-coordinator of TG 68 an International Mediation Task Force for the CIB (International Council for Research and Innovation in Building and Construction) which resulted in the publication of an edited book on international perspectives on construction mediation. In 2013 she completed a monograph on mediation law for Routledge.

Academic qualifications

  • PhD (1997) ADR as an alternative forum for dispute resolution in the construction industry
  • Certificate of Teaching in Higher Education  (1992)
  • LLB (1st Class) 1991
  • Postgraduate Certificate in Education 1976
  • BA (1975) English and History Queen’s University Belfast                              

Teaching interests

Penny has been teaching in universities for 20 years and particularly enjoys teaching criminal law, which she finds students engage with.  Her teaching responsibilities include: 

  • Level 5 Criminal Law (core foundation subject for Bar and Law Society) and Advanced Criminal Law
  • Level 6 Undergraduate projects
  • CPE Criminal Law
  • Masters' dissertation supervision
  • PhD Supervision 
  • Student personal tutoring

Corporate and community engagement

Trained community mediator (not practicing now)

Professional body membership and roles

 Fellow of Higher Education Academy

Research interests

Specific Dr Penny Brooker is a Reader in Alternative Dispute Resolution (ADR) and Mediation.

She researches in the area of commercial and construction mediation and publishes in international and national referred journals in both the legal and built environment fields. More specifically this research explores the utilisation of mediation as a dispute resolution mechanism in the built environment and commercial sectors and the study of mediator techniques.

She was the co-coordinator of TG 68 an International Mediation Task Force for the CIB (International Council for Research and Innovation in Building and Construction) which resulted in the publication of an edited book on international perspectives on construction mediation. In 2013 she completed a monograph on mediation law for Routledge. 

  • Specific interest in dispute resolution in the commercial, corporate and built environment areas
  • Mediator styles & professional standards for mediators
  • Mediation as part of Civil Reform  & the institutionalisation of mediation
  • Mediation Law

PhD Supervision 

Currently supervising PhD in Arbitration in the Construction Industry (writing up)

External academic roles

  • On board of advisors of International Journal Law in the Built Environment (IJLBE)
  • Editorial Board of IJLBE
  • On the Civil Mediation Council Academic Committee

Selected publications

2016 Mediator immunity: time for evaluation in England and Wales? (pages 464–490) Legal Studies Version of Record online: 19 Jun2016 | DOI: 10.1111/lest.12120

2014 Mediating in Good Faith in the English and Welsh Jurisdiction: Lessons from other Common Law Countries Common Law World Review 43 (2014) 120–154

2013  Mediation Law: Journey through institutionalisation to juridification, Routledge

2011 Towards a code of professional conduct for construction mediators, International Law in the Built Environment, Vol. 3, Issue 1, 22- 47 (Sole authored)

2010  Construction Mediation: An International Review Francis and Taylor (Co-editor with S. Wilkinson).

2010  Judging Unreasonable Behaviour at the Interface of Mediation in the English Jurisdiction, ASCEJournal Special Edition on MediationLegal Affairs, Vol. 2, No. 3, August, 2010, 148-161 (DOI 10.1061 (ASCE) LA 1943 – 417.0000014) (Sole authorship)

2009  Criteria for the Appropriate Use of Mediation in Construction Disputes: Judicial Statements in the English Technology and Construction Court International Journal of Law in the Built Environment, Vol. 1, Issue 1, 82-97 (Sole authorship)

2007  An Investigation of Evaluative and Facilitative Approaches to Construction Mediation: Structural Survey, Volume 25 Number 3 / 4 220-238 (RAE 2008 entry) (Sole authorship)

2005  Mediation Outcomes: Lawyers’ Experience with Mediation 5 Pepperdine Dispute Resolution Journal, No 2 pp. 161-213 (Jointly with A. Lavers Findings from collaborative research funding) authored over 80%)

2005Construction Lawyers’ Experience with Mediation Post-CPR, (2005) Construction Law Journal No. 1, 19-46 (With Lavers)

2002 Commercial Lawyers' Attitude and Experience with Mediation [2002] 4 WebJCLI27, (Web Journal of Current Legal Issues), September 2002 (With Lavers)

2002 Construction Lawyers’ Attitude and Experience with ADR. Construction Law Journal, Vol. 18 No 2, 97-116

2001  Commercial and Construction ADR: Lawyers’ Attitudes and Experience.  Civil Justice Quarterly, Volume 20, October.  327-347. (With Lavers)

2000  Issues in the Development of ADR for Commercial and Construction Disputes, Civil Justice Quarterly, Volume 19, October, 353-370 (With Lavers)

2000  Appropriate ADR – Identifying feature of construction dispute, which affect their suitability for submission to ADR.  International Construction Law Review, Pt 2, 272-295 (With Lavers.)                           

2000 “Appropriate ADR and the CPR Rules”, International Council for Research and Innovation in Building and Construction (CIB) Referred conference paper for Working Commission 103, “Construction Conflict: Avoidance Resolution”, Manchester July 7-9 2000, CIB publication  (With Lavers)

1999  Survey of construction lawyers’ attitudes and practice in the use of ADR in contractors’ disputes, Construction Management and Economics, 1999 17, 757-765

1999  The Juridification of Alternative Dispute Resolution.  Anglo-American Law Review, Volume 28, number 1, 1-36

Recent conferences

2010   Invited International Mediation in Construction Conference, Glasgow Caledonian, 9th September, 2010.  “International Perspectives in Construction Mediation

2010   RICS COBRA Conference, Paris, “Mediators: Towards a Code of Good Conduct for Construction Mediators” RICS COBRA 2010, London:  ISBN: 9781842196199

2009   Invited: Civil Mediation Council (September) Queen Mary London: Seminar Construction “Mediators’ Styles”

2008   BEAR (Built Environment) International Conference, Sri Lanka: Judicial Mediation Statements in the Technology and Construction Court (Published Proceedings from International Conference on Building and Research (BEAR) 11-15 February p 645-658 ISBN: 978-1-905732-36-4 (SalfordUniversity)