The Jackson ADR Handbook

by Susan Blake, Julie Browne, Stuart Sime

Overview

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson for an authoritative handbook for Alternative Dispute Resolution (ADR). The first edition, written in collaboration with a specialist editorial advisory board, laid a strong foundation as an essential guide to ADR, and received judicial endorsement in the Court of Appeal and the Technology and Construction Court. The second edition built upon that success, becoming a set text with the Bar Standards Board. This fully revised third edition integrates a range of important new case law, locates ADR within an increasingly digital landscape, and addresses calls from within the judiciary for ADR to be incorporated at all stages of the dispute resolution process. Designed in a concise, user-friendly format, the text provides an in-depth overview of the options and principles of ADR, before looking at five focused areas: the interplay between ADR, CPR, and litigation; negotiation; mediation; recording and enforcing settlement; and other ADR options including the international perspective. Additional materials such as mediation providers, specimen documents, precedents, and practice tips are available on a companion website at www.oup.com/ADR3e

Product Details

ISBN-13:	9780192637116
Publisher:	OUP Oxford
Publication date:	08/19/2021
Sold by:	Barnes & Noble
Format:	eBook
Pages:	384
File size:	1 MB

About the Author

Professor Susan Blake is Associate Dean at City Law School, City University London. She worked at the Bar for 3 years, in civil and family practice. She was Programme Director of the Bar Vocational Course in its early years, and has more recently developed LLM provision. She is the author of A Practical Approach to Effective Litigation, and co-author of A Practical Approach to ADR (6e forthcoming 2022), both published by Oxford University Press. Julie Browne is a Deputy Course Director of the BPTC at City University London, where she teaches advocacy, civil litigation, drafting, company law and commercial law. She was called to the Bar in 1989 and during 10 years in full-time practice, she undertook a wide variety of general civil and commercial work, including insolvency, company and property litigation. She is the series editor of the 14 bar vocational manuals, a contributor to Blackstone's Civil Practice, and co-author of A Practical Approach to ADR (6e forthcoming 2022), both published by Oxford University Press. She is also an experienced CPD trainer in advocacy, evidence, case preparation, drafting, and litigation. Professor Stuart Sime is the Course Director of the full-time BPTC at City University London, where he teaches civil litigation, commercial and company law. He was a practising barrister until 2005. In his early career he spent a number of years in the litigation department of the Treasury Solicitor's Office. He is joint Editor of Blackstone's Civil Practice, the author of A Practical Approach to Civil Procedure and co-author of A Practical Approach to ADR (6e forthcoming 2022), all published by Oxford University Press.

Table of Contents

Part 1: GENERAL PRINCIPLES1. General Principles of ADR2. The Range of ADR Options3. Timing the Use of ADR in Relation to the Progress of a Case4. Roles and Responsibilities of Lawyers and Parties in ADR5. Privacy, Privilege, and Confidentiality Clauses6. Ethics7. Funding ADR Procedures8. ADR Prior to the Issue of ProceedingsPart 2: INTERPLAY BETWEEN ADR, CPR, AND LITIGATION9. The Approach of the Courts to ADR10. Costs and Cost Shifting in ADR11. Sanctions for Refusing to Engage in ADR ProcessesPart 3: NEGOTIATION12. Negotiation and Joint Settlement MeetingsPart 4: MEDIATION13. Mediation - General Principles14. Preparation for the Mediation15. The Mediation Process16. Court Mediation Schemes and Other Schemes17. EU Directive on Mediation in Civil and Commercial CasesPart 5: RECORDING AND ENFORCING SETTLEMENT18. Recording Settlement - Private Agreement19. Recording Settlement - Court Proceedings20. Enforcement of SettlementsPart 6: OTHER ALTERNATIVE DISPUTE RESOLUTION OPTIONS AND THE INTERNATIONAL PERSPECTIVE21. Online ADR and ODR22. Early Neutral Evaluation23. Conciliation, Complaints, Grievances, and Ombudsmen24. Expert (or Neutral) Determination25. Arbitration26. Construction Industry Adjudication

Editorial Reviews

"A first-class and fundamental practitioner publication ... Now, with the benefit of a few years' hindsight on the implementation of 'the Jackson reforms' which are rightly seen as wholly constructive procedural necessities, this new edition 'builds on the success of the first edition to provide an updated guide to all aspects of ADR'." - Phillip Taylor and Elizabeth Taylor, Richmond Green Chambers.

From the Publisher