Mediation Law and Civil Practice

AvTony Allen

Häftad, Engelska, 2024

Del i serien Bloomsbury Professional

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Beskrivning

‘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

Produktinformation

Utgivningsdatum:2024-10-21
Mått:156 x 248 x 26 mm
Vikt:660 g
Format:Häftad
Språk:Engelska
Serie:Bloomsbury Professional
Antal sidor:400
Upplaga:3
Förlag:Bloomsbury Publishing PLC
ISBN:9781526531292

Utforska kategorier

Rättsordning inom Juridik

Mer om författaren

Tony Allen has been an accredited CEDR mediator since 1996. He became a full-time Director of CEDR in 2000 and served there for 11 years. Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, human rights and professional indemnity, as well as general commercial claims. He then worked as a self-employed mediator and mediation trainer through CEDR, specialising in mediating clinical negligence, personal injury and human rights claims. Tony continues to write and lecture on mediation topics and is the author of Mediating Clinical Claims, also published by Bloomsbury Professional.

Recensioner i media

An enlightening, well-written, nicely segmented contribution to mediation development in the UK ... this is essential knowledge for anyone involved in mediation in England & Wales or in any country that follows or is influenced by UK practice.

Innehållsförteckning

1. Civil Justice: The Politics of Encouraging Settlement2. The Development in Judicial Attitudes to Settlement in Civil Justice3. The Status of Mediation in Terms of the Law 4. The Terms and Effect of the Mediation Agreement5. Mediators and the Law6. Mediation and the Civil Procedure Rules 19987. Ordering ADR – The Halsey Effect8. Ordering ADR – The Churchill Effect9. Costs Sanctions for Refusing to Mediate – The Pre-Halsey Years10. Costs Sanctions for Refusing to Mediate 2 – The Impact of Halsey11. Cases Where a Sanction was not Imposed for Refusing to Mediate; What Will the Impact of Churchill Be?12. Contracting in Advance to Use ADR13. Mediation and Without Prejudice Privilege14. Mediation and Confidentiality15. Some International Perspectives16. Mediation and Litigation Costs17. Litigation Funding and Mediation18. The Future of Mediation in England & WalesAppendices