Brand new title explores the opportunities and challenges of mediation in light of the Jackson reforms
‘Given the growing tide in favour of mediation, Tony Allen’s ground-breaking treatise should find its place on the desk (and not just the bookshelf) of every self-respecting litigator…This textbook will become the ADR bible.’
The Rt Hon Sir Alan Ward, Chairman of the Civil Mediation Council
From the Foreword to this title
Mediation Law and Civil Practice examines the position of mediation within the civil justice system of England and Wales. This discursive book explains and challenges current thinking about mediation, identifying ways for the government and the judiciary to improve the delivery of justice through greater trust in this process.
The history of mediation: judgments and legislation
Tracing the evolution of the relationship between the courts and mediation, this title discusses all the significant judgments relating to mediation over the last 20 years. Mediation Law and Civil Practice also considers the EU Mediation Directive 2008, the Civil Procedure Rules 1998 and the amendments arising from the Jackson reforms, as well as the US Uniform Mediation Act and some comparative law and practice from other jurisdictions.
Individual chapters in this book cover:
• Mediation and civil justice: the politics of encouraging settlement
• The status of mediation in terms of the law
• Mediators and the law
• Mediation and the Civil Procedure Rules 1998
• The courts and ADR Orders
• Costs sanctions for refusing to mediate 1: the journey towards Halsey v Milton Keynes NHS Trust
• Costs sanctions for refusing to mediate 2: the impact of Halsey
• Contracting in advance to use ADR
• Mediation privilege and confidentiality
• The impact of European law on mediation in England and Wales
• Mediation and litigation costs
• Litigation funding and mediation
• The Jackson reforms and the future of mediation
A stimulus for thought and innovation
Mediation Law and Civil Practice challenges the status quo by casting doubt on some decisions and generating alternative thinking around current legal and practice concepts.
‘[This book is] liberated from the straitjacket of having to be a source of judicial authority. It is intentionally more opinionated and argumentative than a pure legal textbook…I hope that some judges may be interested to explore some of the debates that underlie past decisions in order to inform future ones.’
From the Preface to this title
Mediating disputes in a range of legal sectors
This authoritative guide covers the use of mediation across the breadth of civil and commercial litigation, including the sectors of personal injury, clinical negligence, public sector law, inheritance and family provision, education, workplace and employment.
Who should buy this book?
Mediators, mediation providers, lawyers, judges, academics and students will all benefit from the expert commentary in this book. It is also a useful guide for academics and mediation providers outside the UK who are seeking to influence the development of mediation in their jurisdictions.
About the author
After more than 30 years as a solicitor in private practice, Tony Allen was a Director of the Centre for Effective Dispute Resolution for 12 years. He has been a leading mediator since being accredited by CEDR in 1996 and has led mediation training courses around the world. Tony has written and lectured widely about mediation and civil justice. In 2010 he was awarded the Lord Slynn Memorial Prize for his contribution to mediation development in the UK. He continues to work as a mediator, trainer and author and as Senior Consultant to CEDR.
ISBN: 978 1 78043 213 7 Pub date: September 2013 Format: Paperback
Price: £55 Extent: 344pp