A Practical Approach to Alternative Dispute Resolution by
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 resources - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book
Civil Litigation 2019-2020 by
Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and acommercial matter, making it suitable for students with either a high street or a commercial focus.Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will findthis practical guidance of use in both their study and their work.Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct areclearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice.Online Resources- Case study documentation to support the fictional scenarios referred to in the book- Additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment- Annotated forms- Appendix - links to key Court forms- Litigation train timeline to help students put the litigation process in context- Podcasts- Updates- Weblinks- Additional case study materials for lecturers, including suggested answers to case study questions- Video clips- Test bank of over 50 multiple choice questions
Civil Litigation by
Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus. Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work. Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience--12 months' access to this title on Law Trove will be available from 22 July 2021. Access must be redeemed by 30 June 2022. - The online resources include: case study documentation to support the fictional scenarios referred to in the book; additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment; annotated forms; appendix (links to key Court forms); litigation train timeline to help students put the litigation process in context; podcasts; weblinks; additional case study materials for lecturers, including suggested answers to case study questions; video clips; and a test bank of over 50 multiple choice questions.
A Practical Approach to Civil Procedure by
Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is a classic text which guides you through the maze of procedural requirements utilized by the civil courts. Written by an expert in the field, and co-editor of Blackstone's Civil Practice, this book isunrivalled in its detail of the various stages of a civil claim, making it essential reading for students and newly qualified litigators alike.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 sampledocumentation 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.Online ResourcesA range of web links to key related sources support students looking to read around the subject and develop their understanding.
Effective Negotiation by
Effective Negotiation provides a distinctive approach to the task of reaching an agreement through negotiation. Drawing on his extensive teaching and research experience, Ray Fells describes the key elements of any negotiation - including reciprocity, trust, power and ethics - and explains the core tasks involved in reaching an agreement: information exchange, solution seeking and concession management. It covers the mediation process, negotiating on behalf of others and negotiating across cultures, as well as managing negotiations in the workplace and in the business context. This third edition has been thoroughly updated with the latest research and new practical examples, and has a greater focus on how negotiators can develop their personal skills and how, by becoming reflective practitioners, they can manage their negotiations more effectively.
Getting to yes : negotiating an agreement without giving in by 
Dispute Processes: ADR and the primary forms of decision-making by
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
The Politics of the Common Law by
The Politics of the Common Lawoffers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
Civil Procedure by
Civil Procedure provides an indispensable guide both to students of civil procedure at all levels as well as practitioners who regularly have to grapple with the CPR.
On Civil Procedure by
This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.
Law Technology and Dispute Resolution by
The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state's monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement - from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain - brings the ethics of law's coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
Alternative Dispute Resolution and Domestic Violence by
Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.
Civil justice in crisis: comparative perspectives of civil procedure by
A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictablecosts but in others there are overcrowded courts and exorbitant delays.Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrichthe reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find theirfailures even more instructive.