Mediation Law and Civil Practice

By Tony Allen

This book is an authoritative text on the law and practice of mediation in England and Wales. Written for lawyers, judges, academics, mediators, and mediation providers alike, the book provides the stimulus for thought and innovative argument. Mediation Law and Civil Practice critically discusses the law and practice rules so as to suggest alternative arguments, to cast doubt on some decisions, and to generate lateral thinking about the legal and practice issues. It includes comparative law and practice from other jurisdictions, especially in relation to confidentiality and privilege, referencing the Uniform Mediation Act in the US, and the proposals in Ireland to introduce similar provisions. Contents includes: the settlement of civil proceedings * the Civil Procedure Rules 1998 and mediation * the impact of European legislation on mediation in England and Wales * the status and importance of the Mediation Agreement * confidentiality and evidential privilege * the courts and ordering mediation * sanctioning refusal or failure to mediate: Halsey v Milton Keynes NHS Trust * different approaches in sanctioning failure to mediate * alternative dispute resolution contract clauses * future reflections.


346 pages

Publication Date: 9/30/2013
Format: Paper
ISBN: 9781780432137