Useful information, practical tips and case studies to help you put mediation into your legal practice
New for this edition
- An updated introduction, which now includes a brief look at the keynote address from the Global Pound Conference in Singapore in March 2016 where The Honourable the Chief Justice Sundaresh Menon reflects on the growing use of mediation in the global marketplace
- Recent case law added: Bristow v The Princess Alexandra Hospital NHS Trust [2015] EWCA Civ 358 (award of costs on an indemnity basis as a sanction for refusal to mediate); Wu Yim Kwong Kingwind v Manhood Development DCCJ 3839/2012 (a case in Hong Kong where the successful Defendant was denied an award of costs because of an unreasonable refusal to mediate) and Ryan v Walls Construction Ltd [2015] IECA 214 (an Irish case where the Court looked at the interpretation of legislation compelling parties to mediate)
- Takes into account two changes to legislation: the Legal Aid, Sentencing & Punishment of Offenders Act 2012 (which recognises the need for legal aid for mediation to enable access to justice, and the Patient Rights (Scotland) Act 2011 (which includes use of mediation for complaints about the NHS)
- Includes a new case study on disputes between business partners where the working relationship had broken down
- New appendix on Online Dispute Resolution
- An expanded section on 'What situations are suitable?'
This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.
Key Features
- Contains useful checklists, including checklists for choosing a mediator, preparing for mediation, assessing mediator performance and assessing your own performance
- Clear flow-charts guide you through the options and processes
- Helpful tips, case studies, sidebars and rants are highlighted in separate text boxes