The Jackson ADR Handbook

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

• ISBN13: 9780198783190
• ISBN10: 0198783191
• Edition: 2nd
• Format: Paperback
• Copyright: 2016-11-01
• Publisher: Oxford University Press

Summary

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.

Author Biography

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

Professor Susan Blake is Associate Dean at City Law School, City University London. She worked at the Bar for 3 years, in civil and family practice. She was Programme Director of the Bar Vocational Course in its early years, and has more recently developed LLM provision. 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 BPTC 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 BPTC 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 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