Mediation Law and Civil Practice

Mediation Law and Civil Practice cover

Description

'Here you have all you need to know and more… this textbook will become the ADR bible. I unreservedly recommend it.'
The Rt Hon Sir Alan Ward*

Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales, providing an essential read for mediators, mediation providers, lawyers, judges, academics and students. The book traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 30 years as well as exploring the key concepts at the heart of mediation and all the latest developments.

The Third Edition:

- Discusses the impact of Churchill v Merthyr Tydfil and the consequent CPR changes in force as from 1 October 2024 on mediation and civil justice in England & Wales
- Includes new content on:
- The latest Ministry of Justice initiatives in promoting mediation
- The differences between mediation and neutral evaluation
- Mediator ethics
- The future of mediation in English civil justice
- Provides an update on proposed reforms to the Pre-Action Protocols over requiring use of mediation
- Fully updated caselaw, including significant post-Churchill decisions such as Northamber v Genee World; Heyes v Holt; and Invenia v Hudson
- A review of how mediation has become integrated into civil practice over the last 35 years and the relationship between mediation, academic theory, statute, caselaw and court rules

The book also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current law and practice.

This title is included in Bloomsbury Professional's Mediation online service.

*From the Foreword to the 1st edition

Table of Contents

1. Civil Justice: The Politics of Encouraging Settlement
2. The Development of Judicial Attitudes to Settlement
3. The Status of Mediation within the Law of England and Wales
4. Mediators and the Law
5. Mediation and the Civil Procedure Rules
6. The Courts and ADR Orders
7. Costs Sanctions 1
8. Costs Sancti0ns 2
9. Contracting in Advance to Use ADR
10. Mediation and Without Prejudice Privilege
11. Mediation and Confidentiality
12. Mediation and EU Law
13. Mediator Ethics
14. Mediation and Litigation Costs
15. Mediation and Litigation Funding
16. The Future of Mediation in English Civil Justice
Appendices

Product details

Published 21 Oct 2024
Format Paperback
Edition 3rd
Extent 400
ISBN 9781526531292
Imprint Bloomsbury Professional
Dimensions 248 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Tony Allen

Tony Allen has been an accredited CEDR mediator si…

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