This
is an update of an excellent study of ADR Principles and Practice written by two
very prominent international practitioners of the art of ADR. Although written
in the context of UK law and practice, it nevertheless serves as a valuable
guide to all practitioners of ADR.
This second edition reflects the radical change to the civil justice system in the United Kingdom as ADR attains greater importance in dispute resolution. Retaining the same emphasis on the basic principles, philosophy and practice of ADR as the first edition, the authors have reworked substantial chapters of the book.
This book is essential for practitioners as it illustrates, very comprehensively, the basic tenets of ADR, the development of ADR, the application of ADR in varioaus situations, as well as the related legislation in place in the United Kingdom. Beyond examining ADR theoretically, the writers have also dealt with the practical aspects, for instance, the role and duties of practitioners in advising clients to seek ADR. In addition, the appendices contain helpful drafting precedents for mediation, as well as practice directions, statements and notes.
At the start, a general overview and background to the new litigation procedures introduced by the Civil Procedure Rules are discussed. The chapter on arbitration deals with the history of arbitration, the workings of the Arbitration Act 1996 and characteristics and types of arbitration available. There then follows an examination of court annexed ADR in the US, Canada, New Zealand and Australia, and the principles applicable to bilateral negotiations.
The chapters dealing with mediation have been extensively amplified in this edition, especially in respect of family matters. The role of mediation in the different fields of activity are, likewise, given detailed treatment. In particular, the areas of family law, employment, community disputes, victim-offender mediation and mediation of environmental and public policy issues. In these chapters, there are references to case studies, the legislative background to the development of mediation in those areas and the government authorities in place which form the supportive network. There is, additionally, a chapter devoted to practical aspects of being a mediator, such as the role of a mediator and the skills required.
The use of various non-binding, evaluative ADR processes are also discussed and compared with adjudicatory, binding ADR. The opportunities and challenges offered for the use of ADR in the area of information technology, the internet and cyberspace are considered, and some practical issues highlighted.
The central theme of this book is that effective dispute resolution involves an informed choice of the process most suitable to the individual dispute and this is reflected in a chapter aimed at assisting practitioners make such choices. This is done by providing a brief comparative summary of the key features of each process, and guiding practitioners on the optimum timing for the use of ADR processes, whilst providing some cautions about the use of ADR. The chapter that follows then discusses how a lawyer can best represent his client in mediation, and achieve the greatest result for the client. Furthermore, the writers describe the jurisdiction for ADR processes, issues involved in the choice of forum and applicable law.
Moral and ethical aspects which should be maintained by practitioners and mediators, the legal issues of confidentiality and privilege and the recent developments therein are examined. The last few chapters deal with enforcement of ADR, the debate on regulating ADR, how ADR is presently funded, professional indemnity assurance and ends with a discussion on the future direction of ADR.
Christopher Lau, SC
Ang & Partners