Mediation Law and Civil Practice

2. Auflage 2018
ISBN: 978-1-5265-0680-1
Verlag: Bloomsbury

Buch, Englisch, 416 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 630 g

Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process.

It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. 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.

As well as updating all case law, the second edition also:

- discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review
- discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying "whole agreement" clauses
- enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR
- analyses the EU Consumer Directive

- sets out the reforms to CPR Part 36

Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions.

This title is included in Bloomsbury Professional's Mediation online service.

Autoren/Hrsg.

Allen, Tony

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Allen, Tony
Tony Allen has been an accredited CEDR mediator since 1996. He became a full-time Director of CEDR in 2000 and served there for 11 years. Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, human rights and professional indemnity, as well as general commercial claims. He then worked as a self-employed mediator and mediation trainer through CEDR, specialising in mediating clinical negligence, personal injury and human rights claims. Tony continues to write and lecture on mediation topics and is the author of Mediating Clinical Claims, also published by Bloomsbury Professional.

Tony Allen is a former long-standing Director of CEDR and a CEDR Solve mediator. He became a CEDR accredited mediator in 1996 and joined the CEDR Training Faculty a year later, initially dealing with training lawyers in representing clients at mediation and is now a lead member on CEDR's Mediator Skills Training Course.

Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, banking, construction, housing, partnership and professional indemnity, as well as general commercial claims. His work includes timelimited mediations through the Central London County Court scheme, and he has been involved in a number of major multiparty mediations including the Kenyan tribespeoples' claims against the Ministry of Defence and the Alder Hey retained organs mediations.