A Practical Approach to Alternative Dispute Resolution

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

About the Author(s)

Susan Blake, Associate Dean of Education at The City Law School, City, University of London, The City Law School, Julie Browne, Barrister and Deputy Course Director of the BPTC at The City Law School, City, University of London, The City Law School, and Stuart Sime, Barrister and Course Director of the BPTC at The City Law School, City, University of London, The City Law School

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

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

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

Additional Resources

- Updates to cases and procedures
- Useful links for each chapter
- Diagrams and figures from the book