Mediation Law and Civil Practice (eBook)

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Mediation Law and Civil Practice is an authoritative text on the law and practice of mediation in England and Wales.

Mediation Law and Civil Practice is a practical book for lawyers, judges, academics, mediators and mediation providers alike where the law and practice relating to mediation can be found in one place, argues authoritatively and provide the stimulus for thought and innovative argument.

Mediation Law and Civil Practice discusses the law and practice rules critically so as to suggest alternative arguments, cast doubt on some decisions and to generate lateral thinking about the legal and practice issues.

Mediation Law and Civil Practice includes some comparative law and practice from other jurisdictions, especially in relation to confidentiality and privilege, referencing the Uniform Mediation Act in the US and the proposals in Ireland to introduce similar provisions.

Contents includes:

• Settlement of civil proceedings;
• The Civil Procedure Rules 1998 and mediation;
• The impact of European legislation on mediation in England and Wales;
• The status and importance of the Mediation Agreement;
• Confidentiality and evidential privilege;
• The Courts and ordering mediation;
• Sanctioning refusal or failure to mediate: Halsey v Milton Keynes NHS Trust;
• Different approaches in sanctioning failure to mediate;
• ADR contract clauses;
• Future reflections.