The Jackson ADR Handbook
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Edition number 4
- Publisher OUP Oxford
- Date of Publication 27 February 2025
- ISBN 9780198937647
- Binding Paperback
- No. of pages448 pages
- Size 222x153x24 mm
- Weight 620 g
- Language English 616
Categories
Short description:
Designed with a concise, user-friendly format, The Jackson ADR Handbook provides an in depth overview of the options and principles for Alternative Dispute Resolution (ADR) in the UK, placing them firmly within the context of litigation, and looking in detail at the relevant court rules and legal principles.
MoreLong description:
The Jackson ADR Handbook^r was written to fulfil a recommendation by Lord Justice Jackson that there should be an authoritative handbook on alternative dispute resolution (ADR). The first edition, published in 2013, laid a strong foundation as an authoritative guide to ADR, receiving judicial endorsement from the Court of Appeal. Subsequent editions built upon that success, becoming a syllabus text prescribed by the Bar Standards Board.
The use of ADR continues to be embedded in dispute resolution in England and Wales, with the Master of the Rolls and the Ministry of Justice implementing reforms that place the use of ADR alongside litigation. This revised fourth edition integrates important new case law, including the landmark case of Churchill v Merthyr Tydfil Borough Council [2023], in which the Court of Appeal decided a court can order parties to engage in a non-court based dispute resolution process, provided the right to a trial remains. Key changes in court rules and pre-action protocols are also covered.
Designed with a concise, user-friendly format, the text provides an in-depth overview of the options and principles for ADR, placing them firmly within the context of litigation, and looking in detail at the relevant court rules and legal principles, such as privacy and legal professional privilege, as well as practical topics such as how to prepare for and what happens during mediation and recording and enforcing settlements.
Table of Contents:
General Principles of ADR
The Range of ADR Options
Timing the Use of ADR in Relation to the Progress of a Case
Roles and Responsibilities of Lawyers and Parties in ADR
Privacy, Privilege, and Confidentiality Clauses
Ethics
Funding ADR Procedures
The Context Where No Proceedings Have Been Issued
The Approach of the Courts to ADR
Costs and Cost Shifting in ADR
Sanctions for Refusing to Engage in ADR Practices
Negotiation and Joint Settlement Meetings
Mediation: General Principles
Preparation for the Mediation
The Mediation Process
Court Mediation Schemes and Other Schemes
EU Directive on Mediation in Civil and Commercial Cases
Recording Settlement - Private Agreement
Recording Settlement - Court Proceedings
Enforcement of Settlements
Online ADR and ODR
Early Neutral Evaluation
Concilation, Complaints, Grievances, and Ombudsmen
Expert (or Neutral) Determination
Arbitration
Construction Industry Adjudication
