The Jackson ADR Handbook

Author: Susan Blake,Stuart Sime,Julie Browne

Publisher: Oxford University Press, USA

ISBN: 9780198783190

Category:

Page: 376

View: 5797

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: 7576

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: 4706

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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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: 1654

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

Review of Civil Litigation Costs

Author: Rupert M. Jackson

Publisher: The Stationery Office

ISBN: 9780117064034

Category: Actions and defenses

Page: 371

View: 8296

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

Judicial Review Handbook

Author: Michael Fordham

Publisher: Bloomsbury Publishing

ISBN: 1782250298

Category: Law

Page: 890

View: 3818

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

The Mediation Handbook

Author: O. Russel Murray

Publisher: Bradford Publishing Company

ISBN: 1932779876

Category: Law

Page: N.A

View: 3834

Posted in Law

Blackstone's Civil Practice 2015

The Commentary

Author: Maurice Kay

Publisher: Oxford University Press, USA

ISBN: 9780198726203

Category: Law

Page: 2000

View: 3631

Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, 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 court, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist areas 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. You may be interested to know that The Commentary is directly taken from the established full service volume, Blackstone's Civil Practice 2015 which includes the text of the CPR and PD, Pre-Action Protocols, selected legislation, and court fees orders. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2015 are available from IRIS Laserform.
Posted in Law

A Practical Approach to Civil Procedure

Author: Stuart Sime

Publisher: Oxford University Press

ISBN: 019878757X

Category: Law

Page: 680

View: 9513

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.
Posted in Law

A Practical Approach to Effective Litigation

Author: Susan Blake

Publisher: Oxford University Press, USA

ISBN: 9780198715948

Category: Law

Page: 720

View: 5281

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

Best Practice in Construction Disputes

Avoidance, Management and Resolution

Author: Paula Gerber,B. J. Ong

Publisher: N.A

ISBN: 9780409333077

Category: Construction industry

Page: 493

View: 1496

Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Posted in Construction industry

Blackstone's Civil Practice 2018

Author: The Rt Hon Sir Maurice Kay

Publisher: Oxford University Press, USA

ISBN: 9780198817628

Category: Law

Page: 3456

View: 9464

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

Principles of Alternative Dispute Resolution

Author: Stephen J. Ware

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 389

View: 7593

Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.
Posted in Law

How to Master Negotiation

Author: CEDR(Centre For Effective Dispute Resolution)

Publisher: Bloomsbury Publishing

ISBN: 178043796X

Category: Law

Page: 264

View: 6312

How to Master Negotiation provides individuals with a guide of how to prepare themselves and others for a variety of negotiations, ranging from instantly recognisable transactions, such as deal negotiations, to the more intricate organisational and interpersonal negotiations that often give rise to conflict. Over 12 chapters, How to Master Negotiation takes the reader through the concepts and practical skills that a negotiator needs in the 21st century. The book is highly practical with each chapter containing a relevant case study and practical tips in addition to theory and explanation of the concepts. Contents: Chapter 1: Issue: Preparing to prepare, while preparing the preparation...where do you start? Focus: A route map to begin to prepare for a negotiation Chapter 2: Issue: I know what I want, so why can't you just give it to me? Focus: Identifying positions and interests Chapter 3: Issue: I could easily walk away from the negotiation...but then what? Focus: Identifying your BATNA/WATNA when preparing Chapter 4: Issue: Why should I collaborate when you are so aggressive? Focus: How to prepare to move from your preferred style to adopting an effective strategy Chapter 5: Issue: I get so mad when I have to negotiate with those people...but it doesn't impact on my negotiation approach...or does it? Focus: Preparing to managing emotion while you negotiate individuals to respond to the emotions displayed, during the negotiation Chapter 6: Issue: I just get a bad feeling when I speak to them...so I had better be careful. Focus: The impact of trust in negotiation Chapter 7: Issue: Perhaps if I just avoid having the conversation won't it just go away? Focus: Recognising the need to have a difficult negotiation conversation with appropriately. Chapter 8: Issue: Of course I am a team player...they end up seeing my way...eventually! Focus: How to prepare your team for a negotiation Chapter 9: Issue: I am sure I will figure out what to say...I am used to winging it. Focus: Recognising the need to prepare and practise an effective opening Chapter 10: Issue: I am just not a numbers person...I let someone else in my team handle that. Focus: How to work with numbers so that you feel in control discussed. Chapter 11: Issue: Why can't we just get to the point...just so much time is wasted? Focus: Preparing yourself for the 'negotiation dance'. Chapter 12: Issue: Planning for spontaneity? How can I make it different? Focus: Keep a conversation on the same tracks can sometimes be a route to nowhere. Conclusion.
Posted in Law

Jackson's Hallmarks

Author: Ian Pickford

Publisher: ACC Distribution

ISBN: 9781851497751

Category: Antiques & Collectibles

Page: 184

View: 8086

Since first published in 1991, Pocket Jackson's, as it is most often called, has enjoyed enormous success and is constantly rated as a best seller in the Arts & Antiques category. During the last twenty-three years important developments have taken place in the Hallmarking system. Most notably the introduction within Europe of a universally accepted system of marking has led not only to the addition of new marks, but als, to a change of status of several historic marks. This edition brings to present day all the date letters and commemorative marks. It also includes the recently introduced marks for Palladium and a section illustrating the Assay Office identification marks of those countries that are signatories to the International Convention marking system. In addition and of importance are the changes made in the early cycles of Dublin date letters which result from recent research by silver scholars in Ireland.
Posted in Antiques & Collectibles

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: 9469

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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Arbitration in Africa

Author: Kamal Shah,John Miles,Tunde Fagbohunlu

Publisher: N.A

ISBN: 9780414052529

Category: Arbitration and award

Page: 450

View: 5968

Posted in Arbitration and award