Full 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.
Contents
1: General Principles of ADR
2: The Range of ADR Options
3: Timing the Use of ADR in Relation to the Progress of a Case
4: Roles and Responsibilities of Lawyers and Parties in ADR
5: Privacy, Privilege, and Confidentiality Clauses
6: Ethics
7: Funding ADR Procedures
8: The Context Where No Proceedings Have Been Issued
9: The Approach of the Courts to ADR
10: Costs and Cost Shifting in ADR
11: Sanctions for Refusing to Engage in ADR Practices
12: Negotiation and Joint Settlement Meetings
13: Mediation: General Principles
14: Preparation for the Mediation
15: The Mediation Process
16: Court Mediation Schemes and Other Schemes
17: EU Directive on Mediation in Civil and Commercial Cases
18: Recording Settlement - Private Agreement
19: Recording Settlement - Court Proceedings
20: Enforcement of Settlements
21: Online ADR and ODR
22: Early Neutral Evaluation
23: Concilation, Complaints, Grievances, and Ombudsmen
24: Expert (or Neutral) Determination
25: Arbitration
26: Construction Industry Adjudication
