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详细
ADR: Principles and Practice is the classic reference work in the UK and many other parts of the world for Alternative Dispute Resolution. It deals with Dispute Resolution as a coherent and discrete topic and remains unchallenged in this respect.
The new Third Edition covers the theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It addresses all the main fields of dispute resolution, such as civil-commercial, family and divorce, employment and workplace, neighbourhood/community, environmental and public policy issues, and restorative justice (victim-offender).It extensively covers other processes including negotiation, arbitration, adjudication, evaluation, collaborative and hybrid processes and a range of aspects related to ADR including court-related practice, ethics, confidentiality and privilege, skills and training and online dispute resolution. It also provides an introduction to dispute resolution psychology and working with high conflict parties.
- Provides an encyclopaedic work of reference for practitioners and students
- Integrates practice and theory of dispute resolution with a national and international perspective
- Explores and integrates models of practice and negotiation
- Examines strategies and provides precedents
- Assists practitioners, policy makers and the judiciary in addressing the issues affecting practice
- Introduces the psychology of dispute resolution and working with high conflict parties
- Provides extensive references, case law, bibliography and links
New to this Edition:
- Extensive developments in practice including new case law, Court practice and expectations, pre-action protocols and the increasing role of judges in providing and supporting ADR
- Additional chapters provide an introduction to dispute resolution psychology and strategies for working with high conflict parties
- Developments in mediation; restorative justice and practices; collaboration and collaborative law; dispute review boards; online dispute resolution and new technologies.
- Explores and integrates models of practice, examines strategies and provides precedents, assisting in addressing the issues affecting practice
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- Analysis of dispute resolution processes and philosophies including detailed consideration of mediation practice and theory in all major fields including civil-commercial, family, workplace, community and environment
- Restorative justice and practices
- Court-linked processes
- Negotiation
- Adjudicative and evaluative processes including arbitration, contractual adjudication, dispute boards, expert determination and neutral evaluation
- Collaborative law and processes
- Online dispute resolution
- Dispute resolution psychology and high conflict
- Skills, training and regulation
- Role of lawyers representing parties
- Aspects related to ADR including ethics, confidentiality, privilege, jurisdiction, funding and enforcement
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Arthur Marriott QC is the Head of Chambers at 12 Gray’s Inn Square. His practice focuses on international arbitration and commercial litigation. He is the co-author of ADR Principles and Practice (First Edition Sweet & Maxwell 1993, Second Edition 1999), and a co-editor of, and author in, Bernstein’s Handbook of Arbitration and Dispute Resolution Practice (3rd ed. Sweet & Maxwell). He was a principal proponent of the reform of English legislation governing arbitration, which resulted in the passage of the Arbitration Act 1996.
Henry Brown is a solicitor, mediator and trainer, now retired from legal practice. Author of the Law Society's Report on civil and commercial ADR (1991), co-author of ADR Principles & Practice (1993 & 1999), he has been involved in the establishment of various mediation training programmes including the initial training faculty of CEDR, co-founding the Family Mediators Association (of which he is a Vice-President) and establishing the mediation programme for Resolution.
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“This book is a highly practical and highly concentrated manual that should have a place in every lawyer’s library”
Prof. R.H. Christie Q.C. South African Law Journal on the first edition
“…the authors again bring their deep comparative knowledge of the subject, their gift for clear and comprehensive exposition, their probing critical judgment and their great practical expertise.”
Lord Bingham of Cornhill, former Lord Chief Justice, in the Foreword to the second edition
“Learned, informative, grounded in theory and practical experience…But this is no dry academic analysis…It is more than a source of information; it is a good read.”
Prof. Martin Partington, then Chair of Civil Justice Council’s ADR Committee, reviewing the 2nd Edition
“…the practice of ADR in this country has come out of the shadows into the full light of recognition as an important social institution. This….is also in no small degree due to the pioneering work of the authors in providing a systematic analysis of the many forms of ADR which are available….The authors are to be congratulated on another valuable contribution to this most important subject. Not only lawyers but anyone interested in making society function better will gain from reading the book.”
Lord Hoffmann of Chedworth in the Foreword to the third edition
“The comprehensive coverage of the subject in this substantial volume is founded on the authors’ deep knowledge and research on the use of ADR techniques in the UK and overseas. It should occupy a place on the bookshelf of everyone engaged in the business of dispute resolution.”
The Expert & Dispute Resolver
