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A Practical Approach to Alternative Dispute Resolution

Susan Blake, Julie Browne, Stuart Sime


A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the new Bar Professional training Programme, 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, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables and examples drawn from a range of different types of practice. Online Resource Centre Enhanced online resources accompany the book, including: - A case study focusing on carrying out case analysis for a negotiation - Additional information on calculating a Best Alternative to a Negotiated Agreement (BATNA) - Specimen documents for mediation, including a mediation position statement and an outline opening by counsel - Additional ADR specimen documents - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Downloadable diagrams from the book - Revision questions for each chapter
1 HISTORY AND RANGE OF ADR METHODS 1. INTRODUCTION 2. REVIEW OF ADR OPTIONS 3. FACTORS INFLUENCING THE SELECTION OF AN ADR OPTION 4. COSTS OF ADR PROCEDURES 2 THE INTERPLAY BETWEEN ADR, CPR AND LITIGATION 5. THE APPROACH OF THE CPR TO ADR 6. REFUSAL TO ENGAGE IN ADR 7. RECOVERY OF ADR COSTS IN LITIGATION 3 NEGOTIATION AND MEDIATION 8. STYLES, STRATEGIES AND TACTICS IN NEGOTIATION 9. PREPARING FOR NEGOTIATION 10. THE NEGOTIATION PROCESS 11. MEDIATION 12. PREPARATION FOR THE MEDIATION 13. THE MEDIATION PROCESS 14. COURT MEDIATION SCHEMES AND OTHER SCHEMES 15. INTERNATIONAL MEDIATION 16. PROFESSIONAL ETHICS IN NEGOTIATION AND MEDIATION 4 EVALUATION, CONCILIATION AND OMBUDSMEN 17. EARLY NEUTRAL OR EXPERT EVALUATION 18. CONCILIATION 19. OMBUDSMAN OR GRIEVANCE RESOLUTION SCHEMES 5 RECORDING SETTLEMENT 20. RECORDING SETTLEMENT 6 ADJUDICATIVE ADR 21. EXPERT DETERMINATION 22. CONSTRUCTION INDUSTRY ADJUDICATION 23. ARBITRATION 24. ARBITRAL TRIBUNALS 25. COMMERCIAL ARBITRATION 26. INTERNATIONAL ARBITRATION 27. ARBITRATION AWARDS 28. HIGH COURT JURISDICTION IN ARBITRATION CLAIMS 29. ENFORCEMENT OF SETTLEMENTS AND AWARDS APPENDICES APPENDIX 1: ADR providers APPENDIX 2 APPENDIX 3 APPENDIX 4
Susan Blake , Associate Dean Learning and Teaching, The City Law School, City University, Julie Browne , Barrister and Deputy Course Director of the BPTC, The City Law School, City University, Stuart Sime , Barrister and Director of the BPTC, The City Law School, City University