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The ADR Practice Guide, 3rd edition

The ADR Practice Guide, 3rd edition
Only £85.00
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Hardback - ISBN 978 1 84592 314 3 / 9781845923143 - £85.00 VAT Free

The ADR Practice Guide - Commercial Dispute Resolution, Third Edition
Written by Karl Mackie, David Miles, William Marsh, Tony Allen

“This is a book that should not only be on the shelf of every litigation lawyer but should be read thoroughly by both lawyers and non-lawyers alike.” The Expert & Dispute Resolver

Written by a team of experienced lawyers and CEDR mediators, the third edition of the ADR Practice Guide is your essential guide to commercial dispute resolution. It will provide you with a clear and detailed overview of ADR and help you to realise the business opportunities that it can offer.

Split into three sections, this practical guide looks at the conceptual, the legal, and the practical framework of all aspects of ADR and will provide you with:

  • Better understanding of how to choose between different processes for dispute resolution
  • Advice on the key issues that you may encounter when advising a client on the ADR option, or taking part in the process as a legal representative, mediator or third party
  • An overview of the key arguments about the legal status of ADR and an
    updated review of the relevant substantial case law
  • A detailed explanation of how to set up, prepare for and perform well at a mediation whether as a mediator, a legal representative or a third party




New Legislation – New Case Law – New Content

ADR has undergone substantial growth in the last seven years and has been the subject of considerable judicial attention. This new third edition discusses all the pertinent case law and all relevant legislative changes, including:

  • Dunnett v Railtrack
  • Halsey v Milton Keynes NHS Trust
  • Burchell v Bullard
  • Cable & Wireless v IBM
  • The EU Draft Directive on ADR

It also contains extensively revised and brand new chapters covering:

  • ADR contract clauses
  • ADR Orders
  • Costs sanctions for declining to use ADR
  • The legal principles underpinning ADR processes
  • Costs and funding
  • The European context
as well as a much expanded section on the law, a table of cases, the latest
forms of model mediation and settlement agreements, ADR contract clauses
and Codes of Conduct.

Enhance negotiated outcomes and reduce the cost of litigating commercial disputes for business and other clients through a better understanding of the alternatives. This readable and comprehensive guide is an essential addition to the bookshelf of every contentious and transactional lawyer, every mediator, those wanting detailed information about ADR, whether for academic or judicial purposes, and all those needing to resolve their own business disputes.


Bibliographic detail

ISBN: 9781845923143
Publication Date: Sep 07
Format: Paperback
Availability: In Print
Price: £85

  • Description
  • Reviews

Contents

Part A: The conceptual framework of ADR
Chapter 1: ADR in civil and commercial disputes
Chapter 2: From negotiation to ADR
Chapter 3: An overview of the dispute resolution landscape

Part B: The legal framework of ADR
Chapter 4: ADR and the Civil Procedure Rules 1998
Chapter 5: The courts and ADR Orders
Chapter 6: The courts and sanctions for refusing ADR
Chapter 7: The legal foundations of mediation
Chapter 8: Litigation costs and funding in relation to mediations
Chapter 9: Contracting in advance to use ADR
Chapter 10: ADR and European law

Part C: The practical framework of mediation
Chapter 11: Advising on mediation – strategies and duties
Chapter 12: Setting up an mediation
Chapter 13: What happens at a typical mediation
Chapter 14: Settlement at mediation and beyond
Chapter 15: The role of the mediator, the lawyer and the parties

Appendices
Appendix A: CEDR Model Mediation Agreement and an Independent Mediator agreement
Appendix B: CEDR Model Settlement Agreement and Tomlin Order
Appendix C: CEDR Model ADR Contract Clauses
Appendix D: EU Directive
Appendix E: European Code of Conduct for Mediators
Appendix F: CEDR Code of Conduct for Mediators and other Third Party Neutrals
Appendix G: The Government’s Commitment to Using Alternative Dispute Resolution (ADR) – The Pledge

 



 
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