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Synopsis
The first book to focus on Alternative Dispute Resolution (ADR) post the Jackson reforms, this essential and practical guide follows recommendations by Lord Justice Jackson in his Review of Civil Litigation Costs that an authoritative handbook for ADR should be prepared. Lord Justice Jackson envisaged that this handbook would be on the desk or in the briefcase of every judge or lawyer dealing with mediation issues and should also be commonly used in Judicial College and Continuing Professional Development training sessions. With the assistance of an eminent Editorial Advisory Board, this work has been designed to assist practitioners and take account of the vital role ADR has to play in reducing the costs of civil disputes by fomenting the early settlement of cases. The book provides a practical resource for judges, litigators and others involved with ADR in a concise and user-friendly format.
It includes an in-depth overview of the different options and principles of ADR, as well as sections on: the interplay between ADR, CPR and litigation; negotiation; mediation; recording and enforcing settlement; and other alternative dispute resolution options, as well as giving a summary of the international perspective. Additional materials such as mediation providers and specimen documents are available on a companion website. New & Used
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What Reviewers Are Saying
ON ALTERNATIVE DISPUTE RESOLUTION (ADR)
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Published recently by the Oxford University Press, this new work of reference on Alternative Dispute Resolution (ADR) has been endorsed and welcomed by leading judges and practitioners. It is already acquiring its fair share of accolades.
Appropriately it has been named ‘The Jackson ADR Handbook’ following on as it does from the Jackson reforms. It is the direct result of Sir Rupert Jackson’s recommendation that an authoritative handbook for ADR should be produced and indeed this is apparently the first book to focus exclusively on ADR.
Writing in the Foreword, Lord Dyson, MR credits Professor Frank Sander of Harvard University as a pioneering and pivotal influence in promulgating ADR as a means of resolving disputes back in 1976. The development of ADR in England and Wales has been facilitated by his work, as have, for example, the Woolf Reforms and the Civil Procedure Rules, as well as Sir Rupert’s Costs Review. The result, in the words’ of Lord Dyson is that ‘ADR is now a well-established part of every lawyer’s practice,’ adding that ‘the effective promotion of ADR is unquestionably in the public interest.’
The Handbook has therefore been produced for an audience of judges and lawyers as well as litigants. The fact that it is as useful for interested lay people as it is for legal professionals attests to its clarity, conciseness and accessibility. Even a cursory glance at the detailed table of contents should persuade anyone concerned with, or interested in ADR that this Handbook covers the subject in virtually every conceivable aspect from every conceivable angle.
The book is divided into six sections, covering general principles through to mediation, negotiation and the often controversial matter of enforcing settlement. The uncertainties of ADR, CPR and litigation are also examined in Section 2, including such issues as ‘refusing to engage in ADR Processes’ involving ‘unreasonable refusal to consider ADR’. (Here lies a bit of a problem; the matter of acceptance of ADR among the wider public – and the possibility of outright rejection of the ADR option by stubbornly contentious individuals within that public.)
The final section of the book deals with other ADR options, including the use of online resources to support ADR processes and the development of ODR (Online Dispute Resolution). Important sub-topics such as arbitration and construction industry adjudication are also covered here.
As you would expect, the book offers ample resources for further research, including tables of cases and statutes, as well as a detailed index. Note also that the book has a companion website containing further resources and updates.
Whether you are a practitioner, judge, or student, this book is almost certainly destined to become a definitive work. ‘It should be as tried and trusted as the White Book and the Green Book,’ states Lord Dyson quoting Sir Rupert Jackson. ‘It deserves,’ he adds, ‘to be the first and only port of call for every student of ADR.’ The publication date is cited as at January 2013.
An appreciation
Published recently by the Oxford University Press, this new work of reference on Alternative Dispute Resolution (ADR) has been endorsed and welcomed by leading judges and practitioner
Appropriatel
Writing in the Foreword, Lord Dyson, MR credits Professor Frank Sander of Harvard University as a pioneering and pivotal influence in promulgating
The Handbook has therefore been produced for an audience of judges and lawyers as well as litigants. The fact that it is as useful for interested lay people as it is for legal professional
The book is divided into six sections, covering general principles through to mediation, negotiation and the often controversia
The final section of the book deals with other ADR options, including the use of online resources to support ADR processes and the development of ODR (Online Dispute Resolution).
As you would expect, the book offers ample resources for further research, including tables of cases and statutes, as well as a detailed index. Note also that the book has a companion website containing further resources and updates.
Whether you are a practitioner
It is properly authoritative. It is readily accessible. I cannot commend it more highly... This book deserves to be the first and only port of call for every student of ADR irrespective of whether they are a litigant, a law student, a lawyer or a judge. I am sure that it will be. Lord Dyson, Master of the Rolls, from the Foreword I congratulate the authors and editors on this excellent handbook. This is exactly what I envisaged when drafting chapter 36 of the Review of Civil Litigation Costs Final Report. The Right Honourable Sir Rupert Jackson The importance of this handbook to the integration of Alternative Dispute Resolution (ADR) within our civil justice system cannot be overstated ... no other ADR text has received such high profile endorsement - by Lord Justice Jackson, the Judicial College, the Civil Justice Council and the Civil Mediation Council. Ian Gatt QC and Anita Phillips, Counsel ... it is a superb summary and practical resource covering all the core principles, competencies, and legal frameworks surrounding the practice of ADR (Alternative Dispute Resolution), and particularly mediation, in the UK today. Mike Lind, TEDR