Full Description
'Here you have all you need to know and more... this textbook will become the ADR bible. I unreservedly recommend it.'
The Rt Hon Sir Alan Ward*
Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales, providing an essential read for mediators, mediation providers, lawyers, judges, academics and students. The book traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 30 years as well as exploring the key concepts at the heart of mediation and all the latest developments.
The Third Edition:
- Discusses the impact of Churchill v Merthyr Tydfil and the consequent CPR changes in force as from 1 October 2024 on mediation and civil justice in England & Wales
- Includes new content on:
- The latest Ministry of Justice initiatives in promoting mediation
- The differences between mediation and neutral evaluation
- Mediator ethics
- The future of mediation in English civil justice
- Provides an update on proposed reforms to the Pre-Action Protocols over requiring use of mediation
- Fully updated caselaw, including significant post-Churchill decisions such as Northamber v Genee World; Heyes v Holt; and Invenia v Hudson
- A review of how mediation has become integrated into civil practice over the last 35 years and the relationship between mediation, academic theory, statute, caselaw and court rules
The book also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current law and practice.
This title is included in Bloomsbury Professional's Mediation online service.
*From the Foreword to the 1st edition
Contents
1. Civil Justice: The Politics of Encouraging Settlement
2. The Development in Judicial Attitudes to Settlement in Civil Justice
3. The Status of Mediation in Terms of the Law
4. The Terms and Effect of the Mediation Agreement
5. Mediators and the Law
6. Mediation and the Civil Procedure Rules 1998
7. Ordering ADR - The Halsey Effect
8. Ordering ADR - The Churchill Effect
9. Costs Sanctions for Refusing to Mediate - The Pre-Halsey Years
10. Costs Sanctions for Refusing to Mediate 2 - The Impact of Halsey
11. Cases Where a Sanction was not Imposed for Refusing to Mediate; What Will the Impact of Churchill Be?
12. Contracting in Advance to Use ADR
13. Mediation and Without Prejudice Privilege
14. Mediation and Confidentiality
15. Some International Perspectives
16. Mediation and Litigation Costs
17. Litigation Funding and Mediation
18. The Future of Mediation in England & Wales
Appendices
