Adr Client Strategies in The UK

Leading Lawyers on Preparing Clients, Navigating The Negotiation Process, and Overcoming Obstacles (inside The Minds)

Publication Date	December 2008
Publisher	Aspatore
Product Type	Book
Pages	348
ISBN Number	9780314202864
Product Code	ASO00399

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Summary

ADR Client Strategies in the UK is an authoritative, insider's perspective on key strategies for representing and advising clients during alternative dispute resolution proceedings in the United Kingdom. Featuring partners from some of the UK's leading law firms, these experts guide the reader through the various aspects of the client's role in the mediation process and how attorneys can assist clients in this role during negotiations. These top lawyers discuss the history of ADR in the UK, explain the alternatives available when pursuing dispute resolution without litigation, outline the English laws governing ADR, and advise on when to choose ADR as an option. From drafting a meditation agreement to identifying and appointing a mediator, these authors offer advice on how to best represent and inform clients throughout the different stages of the negotiation process. Additionally, these leaders reveal strategies for analyzing a case and conducting necessary research in order to better represent clients during proceedings. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.

Inside the Minds provides readers with proven business intelligence from C-level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community.

Content

1. Jonathan Lloyd-Jones, Senior Partner, Blake Lapthorn The Mediator's View on Strategy
2. Edward Craig, Partner, Charles Russell LLP Preparing the Client (and Your Case) in the ADR Process
3. Felicity Ewing and David Pope, Partner and Director of Advocacy, Denton Wilde Sapte LLP Making the Most of Commercial Mediations
4. Tamar Halevy, Partner, Litigation and Dispute Resolution, Lewis Silkin LLP Whether and When to Mediate: Tactics and the Law
5. Jonathan S. Lux, Partner/Solicitor, Ince & Co International Law Firm Succeeding in the Mediation Process
6. Guy Pendell, Partner, CMS Cameron McKenna LLP Developing the Right Approach
7. Katie Bradford, Partner, Linklaters LLP Working with Clients in Mediation Strategies
8. Paul Hopkins, Partner, Geldards LLP The Success of Mediation in the UK
9. Peter Morris, Partner, Burges Salmon LLP Winning by Other Means: How and When to Use Mediation
10. Jonathan Fortnam, Partner, Pinsent Masons LLP Mediation in the UK: An Overview, the Recent Trends, and How to Get the Most for Your Client
11. Nicola Mumford, Partner, Wragge & Co LLP Negotiation Based on Trust: ADR/Arbitration and the Client in England and Wales
12. Joseph Tirado, Partner, Head of International Arbitration and ADR, Norton Rose LLP Succeeding in ADR: The Importance of Buy-In and Mindset
13. Gwendoline Davies, Partner, Walker Morris Preparing for a Successful Mediation
14. Mark Manley, Parnter, Brabners Chaffe Street Mediation in the UK: Avoid at Your Peril
Appendices Include:
- Appendix A: Agreement to Mediate
- Appendix B: Draft Settlement Agreement (Court Proceedings)
- Appendix C: Draft Settlement Agreement (No Court Proceedings)
- Appendix D: Suggested Mediation/Negotiation Plan
- Appendix E: Pros and Cons of Dispute Resolution Procedure
- Appendix F: Proposed Wording for Standard Letter to Clients Explaining Pros and Cons of Mediation
- Appendix G: Practice Note: Mediation
- Appendix H: Commercial Court Draft ADR Order
- Appendix I: Model Mediation Agreement
- Appendix J: Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008
- Appendix K: List of UK ADR Institutions
- Appendix L: Negotiation Plan
- Appendix M: Decision Tree
- Appendix N: Draft Settlement Agreement
- Appendix O: Ten Tips for Mediating Commercial Disputes
- Appendix P: Model Clauses
- Appendix Q: Mediation Checklist
- Appendix R: Precedent Mediation Settlement Agreement
- Appendix S: Mediation Agreement