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A Practical Approach to Alternative Dispute Resolution

Fifth Edition

Professor Susan Blake, Associate Professor Julie Browne, and Professor Stuart Sime

July 2018

ISBN: 9780198823094

680 pages
Paperback
246x189mm

In Stock

A Practical Approach

Price: £42.99

The perfect bridge between legal studies and practice; comprehensive and practically-focused handbooks on the key principles and procedures for students and trainee practitioners

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Description

A Practical Approach to Alternative Dispute Resolution provides a comprehensive commentary on all of the major areas of ADR. Its practical focus highlights the key processes and procedures for each topic, making this book ideally suited to students and practitioners embarking on ADR for the first time.

  • An invaluable resource offering comprehensive coverage of ADR at a level appropriate for the Bar Professional Training Course, the Legal Practice Course, and LLM courses on ADR
  • Written by authors with extensive experience of practice and postgraduate teaching, the text takes a highly practical approach and is supported by a number of learning resources, including sample documentation, flowcharts, tables, and examples
  • Provides a full review of the range of ADR processes, including mediation, negotiation, conciliation, and arbitration, examining the case law and procedural rules for each option
  • The accompanying online resources contain useful extra material and updates, keeping readers abreast of developments in the field

New to this edition

  • Fully revised to incorporate developments in the law since the previous edition, such as the technical changes resulting from the Consumer Rights Act 2015
  • Further discussion of the proposals for an Online Dispute Resolution Courts and Tribunal Service and the changing role of technology in court processes
  • New case law added in key areas, including A v B [2017] on agreements to arbitrate, Menini v Banco Popolare Societa Cooperativa [2017] on the scope of Directive 2008/52/EC on aspects of mediation, and Mascareignes Sterling Co Ltd v Chang Cheng Esquares Co Ltd [2016] on giving reasons in arbitral awards

About the Author(s)

Professor Susan Blake, The City Law School, Associate Professor Julie Browne, The City Law School, and Professor Stuart Sime, The City Law School

Professor Susan Blake is a Barrister and the Associate Dean of Education at The City Law School, City, University of London.

Associate Professor Julie Browne is a Barrister and Deputy Course Director of the BPTC at The City Law School, City, University of London.

Professor Stuart Sime is a Barrister and Course Director of the BPTC at The City Law School, City, University of London.

Table of Contents

    Part I History and Range of ADR Methods
    1:Introduction
    2:Overview of ADR options
    3:Factors influencing the selection of an ADR option
    4:Funding ADR procedures
    5:Online ADR options and ODR
    6:Professional ethics
    Part II The Interplay Between ADR, CPR and Litigation
    7:The approach of the courts to ADR
    8:The sanctions for refusing to engage in ADR processes
    9:Recovery of ADR costs in litigation
    Part III Negotiation and Mediation
    10:Overview of negotiation and mediation
    11:Styles, strategies and tactics in negotiation
    12:Preparing for negotiation
    13:The negotiation process
    14:Mediation
    15:Preparation for the mediation
    16:The mediation process
    17:Reaching a settlement
    18:Court mediation schemes and other schemes
    19:International mediation
    Part IV Evaluation, Conciliation, and Ombudsmen
    20:Conciliation
    21:Complaints, grievances and ombudsmen
    22:Early neutral evaluation
    Part V Recording Settlement
    23:Recording settlement
    Part VI Adjudicative ADR
    24:Expert or neutral determination
    25:Construction industry adjudication
    26:Arbitration
    27:Arbitral tribunals
    28:The commercial arbitration process
    29:International arbitration
    30:Arbitration awards and orders
    31:High Court jurisdiction in arbitration claims
    32:Enforcement of settlements and awards

Reviews

"Review from previous edition This is a clear and easily accessible text which delivers an in-depth insight of the relevant issues without being long-winded. The logical structure of the chapters and clear headings make the book an invaluable asset when it comes to preparing for assessments." - Robin Spedding, BPTC student, Cardiff University

"A comprehensive and up-to-date text which provides coverage of core procedural and legal issues relating to dispute resolution; an essential guide for both students and practitioners. " - Rachel Wood, Senior Lecturer, University of the West of England

Additional Resources

Online Resources
- Useful links for each chapter
- Diagrams and figures from the book

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