Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.

Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying “whole agreement” clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions.

Almost all junior barristers in civil practice are likely to encounter family law work in their first years of practice. This manual therefore provides a detailed introduction to the key areas of the substantive family law of which the junior practitioner should have a good working knowledge. Key aspects of family law covered include domestic violence, care proceedings and pre-nuptial agreements. Adopting a highly pragmatic approach, Family Law in Practice encourages students to build on their existing basic practitioner skills, and highlights how to approach writing opinions and drafting documents specific to family law. It provides invaluable practical advice on how to prepare for different types of hearing, what factors to consider in relation to negotiation, how to make persuasive submissions, and how to handle witnesses effectively, ensuring that the junior practitioner is fully prepared for his or her first steps in the family courts. Key updates to this new edition include coverage of Yemshaw v London Borough of Hounslow 2011] UKSC 3, the Family Proceedings Rules 2010 and the Supreme Court decision in Radmacher v Granatino. The authors have also included a short general introduction to the child support system.

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

"This book is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

The importance of the free movement of persons and the proper functioning of the internal market, in particular concerning the availability of mediation services in cross-border disputes, was an important point on the agenda of the European Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The European Mediation Training for Practitioners of Justice (EMTPJ) is an initiative of the Association for International Arbitration (AIA) and supported by the European Commission. It is an intensive mediation training that purports to create mediators specialized in cross border mediation. This handbook is specially developed for "European Mediators" dealing with cross-border mediations in civil and commercial matters.

In this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.