Mediation Law and Civil Practice

ISBN-13: 9781780432137 / Angielski / Miękka / 2013 / 344 str.

Tony Allen

Opis

This book is an authoritative text on the law and practice of mediation in England and Wales. Written for lawyers, judges, academics, mediators, and mediation providers alike, the book provides the stimulus for thought and innovative argument. Mediation Law and Civil Practice critically discusses the law and practice rules so as to suggest alternative arguments, to cast doubt on some decisions, and to generate lateral thinking about the legal and practice issues. It includes 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: the 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 * alternative dispute resolution contract clauses * future reflections.

Spis treści

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.