A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all of the major areas of out-of-court dispute resolution. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes.
Written by an authoritative and highly respected author team, this book contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, further resources, and examples drawn from a range of different types of practice. Now in its sixth edition, this book has established itself as a go-to reference on ADR.
Online resources
- Updates to cases and procedures
- Useful links for each chapter
- Diagrams and figures from the book
Part I: History and Range of ADR Methods
1: Introduction
2: Overview of ADR options
3: Factors influencing the selection of an ADR option
4: Funding ADR procedures
5: Online ADR options and ODR
6: Professional ethics
Part II: The Interplay between ADR, CPR, and Litigation
7: The approach of the courts to ADR
8: The sanctions for refusing to engage in ADR processes
9: Recovery of ADR costs in litigation
Part III: Negotiation and Mediation
10: Overview of negotiation and mediation
11: Styles, strategies and tactics in negotiation
12: Preparing for negotiation
13: The negotiation process
14: Mediation
15: Preparation for the mediation
16: The mediation process
17: Reaching a settlement
18: Court mediation schemes and other schemes
19: International mediation
Part IV: Evaluation, Conciliation, and Ombudsmen
20: Conciliation
21: Complaints, grievances and ombudsmen
22: Early neutral evaluation
Part V: Recording Settlement
23: Recording settlement
Part VI: Adjudicative ADR
24: Expert or neutral determination
25: Construction industry adjudication
26: Arbitration
27: Arbitral tribunals
28: The commercial arbitration process
29: International arbitration
30: Arbitration awards and orders
31: High Court jurisdiction in arbitration claims
32: Enforcement of settlements and awards
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