Mediation Law and Civil Practice - Tony Allen

Mediation Law and Civil Practice

By: Tony Allen

Paperback | 19 December 2024 | Edition Number 3

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'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 Court of Appeal judgment in Churchill v Merthyr Tydfil County Borough Council overturning the decision in Halsey in relation to court-ordered mediation
- Includes new content on:
- The development of judicial attitudes to settlement
- The differences between mediation and neutral evaluation
- Proposed amendments to the CPR consequent on Churchill
- Recent Ministry of Justice initiatives in promoting mediation
- 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
- Updates case law throughout including: Lomax v Lomax; McParland v Whitehead; Mills & Reeve v Martin; Churchill v Merthyr Tydfil; Wales v CBRE and Aviva; DS v Blackpool FC; TMO Renewables v McBraida; Moon v Deane; Ohpen v Invesco; and Northamber v Genee World.

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

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