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Vol 21 No 11 Nov/Dec 2016

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The Jackson ADR Handbook (eBook)


ISBN13: 9780191663970
Published: April 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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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.

Subjects:
eBooks, Arbitration and Dispute Resolution, Courts and Procedure
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