A Practical Approach to Alternative Dispute Resolution

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

• ISBN13: 9780198858379
• ISBN10: 019885837X
• Edition: 6th
• Format: Paperback
• Copyright: 2024-09-25
• Publisher: Oxford University Press

Summary

A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all of the major areas of out-of-court dispute resolution. 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, this book contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, further resources, and examples drawn from a range of different types of practice. Now in its sixth edition, this book has established itself as a go-to reference on ADR.

Online resources
- Updates to cases and procedures
- Useful links for each chapter
- Diagrams and figures from the book

Author Biography

Susan Blake, Associate Dean of Education at The City Law School, City, University of London, The City Law School,Julie Browne, Barrister and Deputy Course Director of the BPTC at The City Law School, City, University of London, The City Law School,Stuart Sime, Barrister and Course Director of the BPTC at The City Law School, City, University of London, The City Law School

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

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

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

Table of Contents

Part I: 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
Part II: 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
Part III: 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
Part IV: Evaluation, Conciliation, and Ombudsmen
20. Conciliation
21. Complaints, grievances and ombudsmen
22. Early neutral evaluation
Part V: Recording Settlement
23. Recording settlement
Part VI: 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