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A Practical Approach to Alternative Dispute Resolution, 2nd Edition

A Practical Approach to Alternative Dispute Resolution, 2nd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199644988
  • Published In: August 2012
  • Format: Paperback , 640 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Reviews

Details

  • An invaluable resource for students and practitioners alike, the book offers comprehensive coverage of ADR at a level appropriate for the Bar Professional Training Course, the Legal Practice Course, and LLM courses on ADR
  • Written by authors with extensive experience of practice and postgraduate teaching, the text takes a highly practical approach and is supported by a number of learning resources, including sample documentation, flowcharts, tables and examples
  • Provides a full review of the range of ADR processes, including mediation, negotiation, conciliation and arbitration, examining the case law and procedural rules for each option
  • The accompanying Online Resource Centre contains useful extra material, and updates keeping readers abreast of developments in the field

New to this edition

  • Fully updated to cover all important changes in an area that is rapidly developing, both through case law and procedural rules, regulations and government policy
  • Anticipates the implementation of the Jackson Review reforms, and fully incorporates changes such as the development of the role of the Civil Mediation Council
  • New chapter on online ADR options
  • Expanded coverage of areas such as ethics and professional conduct, part 36 offers, and the psychology of dispute resolution
  • Contains many cross-references to current websites for additional information

A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes.

Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolutioncontains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided.

This second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR.

Online Resource Centre
- Updates to cases and procedures, including the implementation of the EU Directive on Mediation
- Useful links for each chapter
- Diagrams and figures from the book

Readership: Students on the Bar Professional Training Course and Legal Practice Course; practitioners. The book's coverage also makes it suitable for LLM courses on ADR.

1 HISTORY AND RANGE OF ADR METHODS
1: INTRODUCTION
2: OVERVIEW OF ADR OPTIONS
3: FACTORS INFLUENCING THE SELECTION OF AN ADR OPTION
4: FUNDING ADR PROCEDURES
5: ONLINE ADR OPTIONS AND ODR
6: PROFESSIONAL ETHICS
2 THE INTERPLAY BETWEEN ADR, CPR AND LITIGATION
7: THE APPROACH OF THE COURTS TO ADR
8: THE SANCTIONS FOR REFUSING TO ENGAGE IN ADR PROCESSES
9: RECOVERY OF ADR COSTS IN LITIGATION
3 NEGOTIATION AND MEDIATION
10: OVERVIEW OF NEGOTIATION AND MEDIATION
11: STYLES, STRATEGIES AND TACTICS IN NEGOTIATION
12: PREPARING FOR NEGOTIATION
13: THE NEGOTIATION PROCESS
14: MEDIATION
15: PREPARATION FOR THE MEDIATION
16: THE MEDIATION PROCESS
17: REACHING A SETTLEMENT
18: COURT MEDIATION SCHEMES AND OTHER SCHEMES
19: INTERNATIONAL MEDIATION
4 EVALUATION, CONCILIATION AND OMBUDSMEN
20: CONCILIATION
21: COMPLAINTS, GRIEVANCES AND OMBUDSMEN
22: EARLY NEUTRAL EVALUATION
5 RECORDING SETTLEMENT
23: RECORDNG SETTLEMENT
6 ADJUDICATIVE ADR
24: EXPERT OR NEUTRAL DETERMINATION
25: CONSTRUCTION INDUSTRY ADJUDICATION
26: ARBITRATION
27: ARBITRAL TRIBUNALS
28: THE COMMERCIAL ARBITRATION PROCESS
29: INTERNATIONAL ARBITRATION
30: ARBITRATION AWARDS AND ORDERS
31: HIGH COURT JURISDICTION IN ARBITRATION CLAIMS
32: ENFORCEMENT OF SETTLEMENTS AND AWARDS
APPENDICES

Susan Blake, Barrister and Associate Dean, The City Law School, City University, London, Julie Browne, Barrister and Deputy Course Director of the Bar Professional Training Course, The City Law School, City University, London, and Stuart Sime, Barrister and Course Director of the Bar Professional Training Course, The City Law School, City University, London

Susan Blake is a Barrister and the Associate Dean of Learning and Teaching at The City Law School, City University, London.

Julie Browne is a Barrister and Deputy Course Director of the BPTC at The City Law School, City University, London.

Stuart Sime is a Barrister and Course Director of the BPTC at The City Law School, City University, London.

"This is a clear and easily accessible text which delivers an in-depth insight of the relevant issues without being long-winded. The logical structure of the chapters and clear headings make the book an invaluable asset when it comes to preparing for assessments." - Robin Spedding, BPTC student, Cardiff University

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