The Jackson ADR Handbook

Author: Susan Blake,Stuart Sime,Julie Browne

Publisher: Oxford University Press, USA

ISBN: 9780198783190

Category:

Page: 376

View: 5718

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson that an authoritative handbook for Alternative Dispute Resolution (ADR) should be prepared. The first edition laid a strong foundation as an essential guide to ADR and received judicial endorsement in the Court of Appeal and the Technology and Construction Court. With the benefit of a few years hindsight on the implementation of the Jackson reforms, this new edition builds on the success of the first edition to provide an updated guide to all aspects of ADR. With a strong focus on practical guidance, this second edition maintains the concise and user-friendly format of the first. 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, specimen documents, precedents, and practice tips are available on a companion website.
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The Jackson ADR Handbook

Author: Susan Blake,Julie Browne,Stuart Sime

Publisher: OUP Oxford

ISBN: 9780199676460

Category: Law

Page: 336

View: 9476

This practical handbook is an essential guide to ADR, following recommendations by Lord Justice Jackson in his Review of Civil Litigation Costs, providing clear and concise guidance on all aspects of ADR.
Posted in Law

A Practical Approach to Alternative Dispute Resolution

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 0198747667

Category:

Page: 672

View: 4731

A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. 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, 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. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book
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Judicial Review Handbook

Author: Michael Fordham

Publisher: Bloomsbury Publishing

ISBN: 1782250298

Category: Law

Page: 890

View: 6972

Writing in the fifth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
Posted in Law

Review of Civil Litigation Costs

Author: Rupert M. Jackson

Publisher: The Stationery Office

ISBN: 9780117064034

Category: Actions and defenses

Page: 371

View: 7184

In January 2009 the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. Sir Rupert's preliminary report, published in May 2009, is the product of fact-finding, research and investigations over a four-month period and serves to establish: how present costs rules operate and how they impact on the behaviour of both parties and lawyers; the effect case management procedures have on costs and whether changes in process could bring about more proportionate costs; a comparison for the costs regime for England and Wales with those operating in other jurisdictions. This report was published online in May 2009, beginning a period of consultation. The final report (ISBN 9780117064041) is released alongside this printed version of the preliminary report and contains extensive cross-references to it.
Posted in Actions and defenses

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

Institutionalizing Its Effective Use

Author: Ida Kwan Lun Mak

Publisher: Cambridge University Press

ISBN: 1108329314

Category: Law

Page: N.A

View: 7628

The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Posted in Law

The Life of the Law

Anthropological Projects

Author: Laura Nader

Publisher: Univ of California Press

ISBN: 0520229886

Category: Law

Page: 262

View: 9206

Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and convincingly argues that the atrophy of the plaintiff's power during this period undermines democracy.".
Posted in Law

Blackstone's Civil Practice 2018

Author: The Rt Hon Sir Maurice Kay

Publisher: Oxford University Press, USA

ISBN: 9780198817628

Category: Law

Page: 3456

View: 483

Blackstone's Civil Practice 2018 provides detailed commentary of unrivalled quality on the process of civil litigation. It is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert academics and practitioners, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index, the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Blackstone's Civil Practice 2018: The Commentary is a concise version of this book, providing the unique commentary independently from the CPR, PD, and other appendix materials. Blackstone's Civil Practice 2018: Digital Pack includes a Superfast app for iPad and iPhone alongside an eBook for PC and Mac to ensure that you have access to the latest developments in civil procedure wherever you are.
Posted in Law

Handbook of Research on Effective Communication, Leadership, and Conflict Resolution

Author: Normore, Anthony H.

Publisher: IGI Global

ISBN: 146669971X

Category: Language Arts & Disciplines

Page: 733

View: 7906

In order for an organization to thrive, it is essential to develop key strategies for interaction, leadership, and management within diverse settings. Refining these skills ultimately aids in the arbitration of any potential conflicts that may arise during intra-organizational interactions. The Handbook of Research on Effective Communication, Leadership, and Conflict Resolution evaluates operational strategies and interpersonal skill development for the successful leadership and management of modern organizations. Highlighting various governance and interaction techniques that assist in mediating organizational controversies, this handbook of research is a vital source for professionals, leaders, managers, and human resource specialists interested in developing skills needed to efficiently communicate, collaborate, and negotiate across differences within an organization.
Posted in Language Arts & Disciplines

A Practical Approach to Effective Litigation

Author: Susan Blake

Publisher: Oxford University Press, USA

ISBN: 9780198715948

Category: Law

Page: 720

View: 9749

This book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition of the book to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The author addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures. In putting together skills and law in a fully up-to-date context, A Practical Approach to Effective Litigation brings together the sound knowledge of the law and the legal skills an experienced litigator will use to get the best results for clients in a real-world context. It will be of use to anyone in the early years of legal practice, experienced solicitors who have had limited involvement with civil litigation, and those training to be a barrister or solicitor.
Posted in Law

A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 019878757X

Category: Law

Page: 680

View: 5586

Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is the perfect guide to the complex procedural requirements employed in the civil courts. Written by an expert in the field and co-editor of Blackstone's Civil Practice, the book provides a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim, making it essential reading for students and newly-qualified litigators. Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Updated annually, this twentieth edition has been fully revised to incorporate coverage of ongoing changes in civil procedure, including developments to the rules and their impact on areas such as costs and funding.
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A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims

Getting the Most Out of Adr Post-Jackson

Author: Peter Causton,Nichola Evans,James Arrowsmith

Publisher: N.A

ISBN: 9781911035091

Category:

Page: N.A

View: 4240

Following the Court Reforms and Briggs LJ's Review, ADR is likely to be increasingly used in personal injury claims. This book explores the various ADR options available and provides practical guidance to assist practitioners to use ADR to maximum effect in their cases today, and to prepare their practices for increased emphasis on ADR as the preferred means of dispute resolution in the future. ABOUT THE AUTHORS Peter Causton is a dispute resolution specialist solicitor and Civil and Commercial mediator and has set up ProMediate (UK) Limited which is a certified ADR body pursuant to the ADR Regulations 2015 and is a board member of the Civil Mediation Council. Peter is Chief Assessor of the Law Society's Civil and Commercial Mediation Accreditation Scheme. Nichola Evans has an insurance litigation background and also deals with high value public sector and commercial disputes. She has an interest in alternative dispute resolution and civil litigation procedures and is a member of the CIARB. James Arrowsmith is a partner in Browne Jacobson's Commercial Insurance department and specialises in personal injury and liability insurance insurance litigation. ADR is a core part of his work and that of his team. His interest in this area has resulted in membership of the FOIL ADR group and a place as FOIL representative on the rules committee of an arbitration provider.
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Human Rights in Northern Ireland

The Committee on the Administration of Justice Handbook

Author: Brice Dickson,Brian Gormally

Publisher: Bloomsbury Publishing

ISBN: 1782255052

Category: Law

Page: 552

View: 1996

This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Posted in Law

Appropriate Dispute Resolution (ADR) in Ireland

A Handbook for Family Lawyers and Their Clients

Author: Josepha Madigan

Publisher: Family Law Publications

ISBN: 9781846613296

Category: Law

Page: 507

View: 6863

In Irish family law, Appropriate Dispute Resolution (ADR) is a huge growth area which is being promoted both by government, at a policy level and by statute, and also by knowledgeable clients. The economic climate has facilitated a shift toward cost saving and non-court resolution options, such as collaborative practice and mediation. Ireland's draft Mediation Bill 2012 provides that solicitors and barristers have a duty to provide information and advice on mediation. This book is the first on this topic devoted to the requirements of the Irish market and assists family lawyers to embrace ADR as an integral part of their practice and educate family law clients on the workings and advantages of ADR. Contents include: the development of family law in Ireland since the introduction of judicial separation and divorce * the adversarial nature of the family court system * the lack of resources within the current system * mediation * collaborative practice * neutral experts in family ADR * finality within reason
Posted in Law

The Foreign Corrupt Practices Act Handbook

A Practical Guide for Multinational General Counsel, Transactional Lawyers and White Collar Criminal Practitioners

Author: Robert W. Tarun

Publisher: American Bar Association

ISBN: 9781604429510

Category: Law

Page: 538

View: 9573

Identifies all of the major FCPA risk areas and then offers very thoughtful and practical suggestions for how companies can most effectively address these risks and conduct credible investigations. You'll find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.
Posted in Law

A Guide to the ICDR International Arbitration Rules

Author: Martin F. Gusy,James M. Hosking,Franz T. Schwarz

Publisher: Oxford University Press

ISBN: 0199596840

Category: Law

Page: 399

View: 7402

This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the 37 articles in their entirety and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw not only on their own experience, but on caselaw gathered from foreign jurisdictions and from the rich vein of caselaw in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules). The work's comparative perspective helps to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes and key AAA cooperation agreements with other institutions. Together, Gusy, Hosking and Schwarz form a strong author team of practitioners whose combined experience includes having co-chaired the ICDR's young Practitioner's group, collaborated with the ICDR and interviewed key ICDR senior management members.
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The SAGE Handbook of Conflict Communication

Integrating Theory, Research, and Practice

Author: John G. Oetzel,Stella Ting-Toomey

Publisher: SAGE Publications

ISBN: 1483315428

Category: Language Arts & Disciplines

Page: 912

View: 9423

This second edition of the award-winning The SAGE Handbook of Conflict Communication emphasizes constructive conflict management from a communication perspective, identifying the message as the focus of conflict research and practice. Editors John G. Oetzel and Stella Ting-Toomey, along with expert researchers in the discipline, have assembled in one resource the knowledge base of the field of conflict communication; identified the best theories, ideas, and practices of conflict communication; and provided the opportunity for scholars and practitioners to link theoretical frameworks and application tools.
Posted in Language Arts & Disciplines

Handbook of Clinical Sociology

Author: Howard M. Rebach,John G. Bruhn

Publisher: Springer Science & Business Media

ISBN: 1461512174

Category: Social Science

Page: 437

View: 4695

Clinical sociology is an action-oriented field that seeks to prevent, reduce, or resolve the seemingly overwhelming number of social problems confronting modern society. In an extensive revision of the first edition of this classic text and reference, published by Plenum in 1990, the editors have assembled a distinguished roster of contributors to address such topics as theory and practice; intervention at various levels of social organization; specific kinds of sociological practice; social problems; and the process of becoming a clinical sociologist.
Posted in Social Science

International Encyclopedia of Social & Behavioral Sciences

Author: N.A

Publisher: Newnes

ISBN: 0080548059

Category: Social Science

Page: 17500

View: 6408

This Encyclopedia is the first attempt in a generation to map the social and behavioral sciences on a grand scale. Not since the publication in 1968 of the International Encyclopedia of the Social Sciences, edited by David L. Sills, has there been such an ambitious project to describe the state of the art in all the fields encompassed within the social and behavioral sciences. Available in both print (26 volumes) and online editions, it comprises 4,000 articles, commissioned by 52 Section Editors, and includes 90,000 bibliographic references as well as comprehensive name and subject indexes.
Posted in Social Science