The Jackson ADR Handbook

by Blake, Susan; Browne, Julie; Sime, Stuart

• ISBN13: 9780199676460
• ISBN10: 0199676461
• Format: Paperback
• Copyright: 2013-06-10
• Publisher: Oxford University Press

Author Biography

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

Susan Blake spent several years in practice at the Bar dealing with a variety of types of case 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 is now also Programme Director for the LLM in Legal Professional Skills that was introduced in 2006. Since the last edition she has become Programme Director of the LLM in Professional Legal Skills, a route by which Bar Vocational Course students can convert their qualification to a full Master's degree. 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.

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 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