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详细
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.
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Chapter 1: Mediation and civil justice: the politics of encouraging settlement
Chapter 2: The status of mediation in civil procedure law
Chapter 3: Mediators and the law
Chapter 4: Mediation and the Civil Procedure Rules
Chapter 5: The courts and ADR Orders
Chapter 6: Costs sanctions 1
Chapter 7: Costs sancti0ns 2
Chapter 8: Contracting in advance to use ADR
Chapter 9: Mediation privilege and confidentiality
Chapter 10: EU law
Chapter 11: Mediation and litigation costs
Chapter 12: Mediation and litigation finding
Chapter 13: Law reform
Appendices
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“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, Foreword to the 1st Edition
“A very interesting, elegant and admirably succinct text” – Professor Neil H Andrews, University of Cambridge, Review of previous edition
“Whether you are an academic looking for a scholarly insight into the principles of mediation law in civil practice, a mediator, potential participant in mediation either as an advisor or an individual, or even just someone with an interest in the subject, I unhesitatingly recommend this book.” – Review of previous edition, Brian Dawson, mediator & deputy district judge, New Law Journal
“The book has been well written in a straight forward and logical manner and as a result it is an in-depth and authoritative guide that will be useful to not only practising mediators but also the judiciary, lawyers, academics, students (both under and post graduate) and mediation providers.” – Review of previous edition, Mukesh Basra QDR, The Expert and Dispute Resolver, Summer 2014, Vol 19, No.2
