The Jackson ADR Handbook 2nd Edition

Arbitration / Mediation / Litigation › Courts and Procedure

The Jackson ADR Handbook 2nd Edition

Edited by Susan Blake · Julie Browne · Stuart Sime
Oxford University Press September 2016

Specifications

ISBN-13
9780198783190
Publisher
Oxford University Press
Publication
September 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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Details

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson that an authoritative handbook for Alternative Dispute Resolution (ADR) should be prepared.

The first edition laid a strong foundation as an essential guide to ADR and received judicial endorsement in the Court of Appeal and the Technology and Construction Court. With the benefit of a few years hindsight on the implementation of the Jackson reforms, this new edition builds on the success of the first edition to provide an updated guide to all aspects of ADR.

With a strong focus on practical guidance, this second edition maintains the concise and user-friendly format of the first. 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, specimen documents, precedents, and practice tips are available on a companion website.

Table of 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 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
Price on request
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