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The Jackson ADR Handbook
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The Jackson ADR Handbook

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Overview
Published 25 April 2013 (OUP)
ISBN: 9780199676460. Soft Cover, 336 pages.
Description

Susan Blake, Julie Browne, Stuart Sime 

  • Provides the first practical and concise guidance on all aspects of ADR following the Jackson reforms
  • Includes detailed coverage of mediation to provide a comprehensive resource on this key topic 
  • Endorsed by Lord Justice Jackson, the Judicial College, the Civil Justice Council, and the Civil Mediation Council 
  • Benefits from the input of an eminent Editorial Advisory Board led by Lord Neuberger of Abbotsbury and Lord Clarke of Stone-cum-Ebony
  • Every judge who hears civil cases receives a copy, making it an essential purchase for all practitioners in the field 
The first book to focus on Alternative Dispute Resolution (ADR) post the Jackson reforms, this essential and practical guide follows recommendations by Lord Justice Jackson in his Review of Civil Litigation Costs that an authoritative handbook for ADR should be prepared. Lord Justice Jackson envisaged that this handbook would be on the desk or in the briefcase of every judge or lawyer dealing with mediation issues and should also be commonly used in Judicial College and Continuing Professional Development training sessions. With the assistance of an eminent Editorial Advisory Board, this work has been designed to assist practitioners and take account of the vital role ADR has to play in reducing the costs of civil disputes by fomenting the early settlement of cases. 

The book provides a practical resource for judges, litigators and others involved with ADR in a concise and user-friendly format. It includes an in-depth overview of the different options and principles of ADR, as well as sections on: the interplay between ADR, CPR and litigation; negotiation; mediation; recording and enforcing settlement; and other alternative dispute resolution options, as well as giving a summary of the international perspective. 

Additional materials such as mediation providers and specimen documents are available on a companion website. 

Readership: The judiciary and legal practitioners working in civil litigation, as well as non-litigators who regularly act for clients in disputes between the start of the dispute and litigators taking over.

"It is properly authoritative. It is readily accessible. I cannot commend it more highly... This book deserves to be the first and only port of call for every student of ADR irrespective of whether they are a litigant, a law student, a lawyer or a judge. I am sure that it will be." - Lord Dyson, Master of the Rolls

"I congratulate the authors and editors on this excellent handbook. This is exactly what I envisaged when drafting chapter 36 of the Review of Civil Litigation Costs Final Report." - The Right Honourable Sir Rupert Jackson 

About the Authors

Susan Blake spent several years in practice at the Bar dealing with a variety of civil cases in all levels of courts. She was formerly Course Director of the Bar Vocational Course at the Inns of Court School of Law (now part of The City Law School), having played a major part in devising and implementing the BVC. She became Director of Studies in 1998, and has been an Associate Dean at City Law School, London, since 2003. She is Programme Director for the LLM in Civil Litigation and Dispute Resolution that was introduced in 2010. She is the author of A Practical Approach to Effective Litigation and co-author of A Practical Approach to ADR, both published by Oxford University Press.

Julie Browne is a deputy course director of the bar vocational course 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, 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 bar professional training course 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, all published by Oxford University Press.

Contributors: Editorial Advisory Board Lord Clarke of Stone- cum- Ebony (Co-Chair) Lord Neuberger of Abbotsbury (Co Chair) His Honour Judge Philip Bartle QC Sir Henry Brooke CMG Peter Causton,The Law Society Civil Justice Committee Andrew Goodman, Convenor, Standing Conference of Mediation Advocates Lord Justice Maurice Kay District Judge Margaret Langley, Judicial College Colin Manning, Chair, Bar Council ADR Committee Master Victoria McCloud Mr Justice Ramsey David Parkin, Head of Civil Justic Reform, Justice Policy Group, Ministry of Justice Lord Justice Stephen Richards Tim Wallis, Civil Justice Council William Wood QC, Civil Mediation Council 

Endorsed by The Judicial College, The Civil Justice Council, The Civil Mediation Council 

Contents

Part 1: GENERAL PRINCIPLES 

1: General Principles of ADR 

2: 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 clients in relation to ADR

5: Confidentiality, privacy, and privilege

6: Ethics 

7: Funding ADR procedures

Part 2: INTERPLAY BETWEEN ADR, CPR, AND LITIGATION

8: ADR prior to the issue of proceedings 

9: Approach of the courts to ADR 

10: Costs shifting and ADR 

11: Sanctions for not engaging with ADR 

Part 3: NEGOTIATION

12: Negotiation and joint settlement meetings

Part 4: MEDIATION 

13: Initiating Mediation

14: Preparation for the Mediation

15: The mediation process

16: Mediation Schemes 

17: EU and International Mediation 

Part 5: RECORDING AND ENFORCING SETTLEMENT

18: Recording settlement - private agreement

19: Recording settlement - court endorsement and/or terminating the court proceedings

20: Enforcement of settlements Part 6: OTHER ALTERNATIVE DISPUTE RESOLUTION OPTIONS

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

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