Mediation Law and Civil Practice: : Tony Allen: Bloomsbury Professional

Mediation Law and Civil Practice

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

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

Product details

Published	21 Oct 2024
Format	Paperback
Edition	3rd
Extent	400
ISBN	9781526531292
Imprint	Bloomsbury Professional
Dimensions	248 x 156 mm
Publisher	Bloomsbury Publishing

Author

Tony Allen

Tony Allen has been an accredited CEDR mediator si…

An enlightening, well-written, nicely segmented contribution to mediation development in the UK ... this is essential knowledge for anyone involved in mediation in England & Wales or in any country that follows or is influenced by UK practice.

Kluwer Mediation Blog (Review of a previous edition)
Tony Allen is one of the most experienced mediators in the UK, and Mediation Law and Civil Practice is essential knowledge for anyone involved in mediations in the UK or in any country that follows UK practice. Overall, this is a most valuable and enlightening contribution to mediation development in the UK.

Michael Leathes Director, International Mediation Institute www.IMImediation.org (Review of a previous edition)
Whether you are an academic looking for a scholarly insight into the principles of mediation law in civil practice, a mediator, potential participant in mediation either as an advisor or an individual, or even just someone with an interest in the subject, I unhesitatingly recommend this book.

Brian Dawson, Mediator & Deputy District Judge, New Law Journal (Review of a previous edition)
The book has been well written in a straight forward and logical manner and as a result it is an in-depth and authoritative guide that will be useful to not only practising mediators but also the judiciary, lawyers, academics, students (both under and post graduate) and mediation providers

Mukesh Basra QDR, The Expert and Dispute Resolver, Summer 2014, Vol 19, No.2 (Review of a previous edition)
With the increasing use and importance of ADR, it is essential that the law and practice underpinning mediation are well-understood by practitioners, policy-makers and judges. There are few, if any, practitioners who are as well qualified as Tony Allen to undertake that task..He clearly and concisely considers all issues that anyone who is, or indeed who ought to be, concerned in any way with mediation needs to know in order to navigate the relationship between law and mediation.

Lord Neuberger of Abbotsbury, Foreword to the Second Edition
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, Foreword to the 1st Edition