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Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.
List of contents
- Part 1: GENERAL PRINCIPLES
- 1: General Principles of ADR
- 2: The Range of ADR Options
- 3: Timing the Use of ADR in Relation to the Progress of a Case
- 4: Roles and Responsibilities of Lawyers and Parties in ADR
- 5: Privacy, Privilege, and Confidentiality Clauses
- 6: Ethics
- 7: Funding ADR Procedures
- 8: ADR Prior to the Issue of Proceedings
- Part 2: INTERPLAY BETWEEN ADR, CPR, AND LITIGATION
- 9: The Approach of the Courts to ADR
- 10: Costs and Cost Shifting in ADR
- 11: Sanctions for Refusing to Engage in ADR Processes
- Part 3: NEGOTIATION
- 12: Negotiation and Joint Settlement Meetings
- Part 4: MEDIATION
- 13: Mediation - General Principles
- 14: Preparation for the Mediation
- 15: The Mediation Process
- 16: Court Mediation Schemes and Other Schemes
- 17: EU Directive on Mediation in Civil and Commercial Cases
- Part 5: RECORDING AND ENFORCING SETTLEMENT
- 18: Recording Settlement - Private Agreement
- 19: Recording Settlement - Court Proceedings
- 20: Enforcement of Settlements
- Part 6: OTHER ALTERNATIVE DISPUTE RESOLUTION OPTIONS AND THE INTERNATIONAL PERSPECTIVE
- 21: Online ADR and ODR
- 22: Early Neutral Evaluation
- 23: Conciliation, Complaints, Grievances, and Ombudsmen
- 24: Expert (or Neutral) Determination
- 25: Arbitration
- 26: Construction Industry Adjudication
About the author
Professor Susan Blake is Associate Dean at City Law School, City University London. She worked at the Bar for 3 years, in civil and family practice. She was Programme Director of the Bar Vocational Course in its early years, and has more recently developed LLM provision. She is the author of A Practical Approach to Effective Litigation, and co-author of A Practical Approach to ADR (6e forthcoming 2022), both published by Oxford University Press.
Julie Browne is a Deputy Course Director of the BPTC at City University London, where she teaches advocacy, civil litigation, drafting, company law and commercial law. She was called to the Bar in 1989 and during 10 years in full-time practice, she undertook a wide variety of general civil and commercial work, including insolvency, company and property litigation. She is the series editor of the 14 bar vocational manuals, a contributor to Blackstone's Civil Practice, and co-author of A Practical Approach to ADR (6e forthcoming 2022), both published by Oxford University Press. She is also an experienced CPD trainer in advocacy, evidence, case preparation, drafting, and litigation.
Professor Stuart Sime is the Course Director of the full-time BPTC at City University London, where he teaches civil litigation, commercial and company law. He was a practising barrister until 2005. In his early career he spent a number of years in the litigation department of the Treasury Solicitor's Office. He is joint Editor of Blackstone's Civil Practice, the author of A Practical Approach to Civil Procedure and co-author of A Practical Approach to ADR (6e forthcoming 2022), all published by Oxford University Press.
Summary
Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.
Foreword
Companion Website
Additional text
Review from previous edition A first-class and fundamental practitioner publication ... Now, with the benefit of a few years' hindsight on the implementation of 'the Jackson reforms' which are rightly seen as wholly constructive procedural necessities, this new edition 'builds on the success of the first edition to provide an updated guide to all aspects of ADR'.
