Mediation Law and Civil Practice

Mediation Law and Civil Practice cover

Mediation Law and Civil Practice

Pre-order. Available 24 Oct 2024
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This title 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 has been updated to include:

- Discussion of the Court of Appeal judgment in Churchill v Merthyr Tydfil County Borough Council overturning the decision in Halsey in relation to court-ordered mediation
- New content covering the proposed amendments to the CPR consequent on Churchill; mediator ethics; and the development of judicial attitudes to settlement
- An update on proposed reforms to the Pre-Action Protocols over requiring use of mediation
- Recent case law including: Lomax v Lomax; McParland v Whitehead; Mills & Reeve v Martin; Churchill v Merthyr Tydfil; Wales v CBRE and Aviva; DS v Blackpool FC; Moon v Deane; and Ohpen v Invesco

Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts.

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

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

Product details

Published 24 Oct 2024
Format Ebook (Epub & Mobi)
Edition 3rd
Extent 384
ISBN 9781526531315
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


Tony Allen

Tony Allen has been an accredited CEDR mediator si…

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