Mediation Law and Civil Practice

By: Tony Allen, CMS Pensions Team
ISBN: 9781526506801

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About Mediation Law and Civil Practice

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... Read more

About Mediation Law and Civil Practice

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.

Table of Contents

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

Publishing Details

Publication Date: 20 December 2018
ISBN: 9781526506801
Binding: Paperback
Edition: 2

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