Overview

Mediation Law and Civil Practice an authoritative text on the law and practice of mediation in England and Wales. Mediation Law and Civil Practice is a practical book for lawyers, judges, academics, mediators and mediation providers alike where the law and practice relating to mediation can be found in one place. Argued authoritatively it provides the stimulus for thought and innovative argument. Mediation Law and Civil Practice discusses the law and practice rules critically suggesting alternative arguments, casting doubt on some decisions and generating lateral thinking about the legal and practice issues. It includes some comparative law and practice from other jurisdictions, especially in relation to confidentiality and privilege, referencing the Uniform Mediation Act in the US and the proposals in Ireland to introduce similar provisions. Contents includes: Settlement of civil proceedings; The Civil Procedure Rules 1998 and mediation; The impact of European legislation on mediation in England and Wales; The status and importance of the Mediation Agreement; Confidentiality and evidential privilege; The Courts and ordering mediation; Sanctioning refusal or failure to mediate: Halsey v Milton Keynes NHS Trust; Different approaches in sanctioning failure to mediate; ADR contract clauses; Future reflections.

Full Product Details

Author:   Tony Allen
Publisher:   Bloomsbury Publishing PLC
Imprint:   Bloomsbury Professional
Dimensions:   Width: 15.60cm , Height: 2.80cm , Length: 23.40cm
Weight:   0.540kg
ISBN:  

9781780432137

ISBN 10:   1780432135
Pages:   344
Publication Date:   30 September 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

1 Mediation and civil justice: the politics of encouraging settlement; 2 The status of mediation in terms of the law; 3 Mediators and the law; 4 Mediation and the Civil Procedure Rules 1998; 5 The courts and ADR orders; 6 Costs sanctions for refusing to mediate 1: the journey towards Halsey v Milton Keynes NHS Trust; 7 Costs sanctions for refusing to mediate 2: the impact of Halsey; 8 Contracting in advance to use ADR; 9 Mediation privilege and confidentiality; 10 The impact of European law on mediation in England and Wales; 11 Mediation and litigation costs; 12 Litigation funding and mediation; 13 The Jackson reforms and the future of mediation; Appendices 1 CEDR Model Mediation Agreement, 13th Edition; 2 CEDR Mediation Model Procedure, 12th Edition; 3 CEDR Model Settlement Agreement; 4 CEDR Model Tomlin Order; 5 CEDR Solve Code of Conduct for Third Party Neutrals, April 2008; 6 Recommended further reading; 7 List of useful websites.

Reviews

Mediation Law and Civil Practice is bang up to date and goes into detail about the impact of the new Civil Justice reforms.I unhesitatingly recommend this book. -- Brian Dawson New Law Journal Tony Allen is one of the most experienced mediators in the UK, and Mediation Law and Civil Practice is essential knowledge for anyone involved in mediations in the UK or in any country that follows UK practice. International Mediation Institute 20140106 An enlightening, well-written, nicely segmented contribution to mediation development in the UK. Kluwer Mediation Blog 20140113

Author Information

"Tony Allen is a solicitor and former long-standing Director of CEDR and a CEDR Solve mediator. 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 time-limited mediations through the Central London County Court scheme, and he has been involved in a number of major multi-party mediations. Since 1999, the Chambers directory has featured Tony in successive editions as a leader in his field, and has rated him ""clearly the best mediator in the UK for personal injury and clinical negligence""."

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