BPP University College Of Professional Studies Limited (BPP)
Summary
Summary Jackson ADR Handbook Overview
53 views 0 purchase
Course
Institution
BPP University College Of Professional Studies Limited (BPP)
Book
The Jackson ADR Handbook
This is a summary of the Jackson ADR Handbook in an accessible Word document*. Paragraph numbers are included for easy reference to each Subsection.
Excellent for the BSB Civil Litigation exams and makes for some easy note-taking that can be used for exams. Best used in addition to the Jackson A...
BPP University College Of Professional Studies Limited (BPP)
Unknown
Unknown
Seller
Follow
BarStudent123
Content preview
1. General Principles
Contents Para
1. General Principles of ADR
A The Importance of ADR 1.01
B The Definition of ADR 1.03
C The Role of the Courts in the Use of ADR 1.05
D The Role of Judges in the Use of ADR 1.07
E The Context of the Jackson Review of Costs 1.13
F Key Recent Developments 1.17
G The Success of ADR 1.20
H Compulsion to Use ADR 1.22
I Regulation of ADR 1.23
J The International Context 1.29
2. The Range of ADR Options
A Adjudicative Options 2.02
B Non-Adjudicative Options 2.13
C Motivations for the Use of ADR 2.30
D Criteria for the Selection of an ADR Option 2.41
E When ADR May not Be Appropriate 2.49
3. Timing the Use of ADR in Relation to the Progress of a Case
A The Importance of Timing 3.01
B Procedural Factors Relevant to Timing 3.04
C Practical Factors Relevant to Timing 3.24
4. Roles and Responsibilities of Lawyers and Parties in ADR
A Overview 4.01
B Duties Under the Civil Procedure Rules 4.02
C The Role of a Lawyer in Advising on ADR 4.03
D Authority to Settle 4.07
E The Role of a Lawyer in Advising on Terms of Settlement 4.09
F The Role and Responsibilities of Parties in Relation to ADR 4.11
G Addressing Concerns About ADR 4.13
H Persuading Another Party to Use ADR 4.23
I Potential Liability of a Lawyer in Relation to ADR 4.33
5. Privacy, Privilege, and Confidentiality Clauses
A Importance of Privacy in ADR 5.01
B Control of Information in ADR 5.09
C Legal Professional Privilege and ADR 5.15
D The ‘Without Prejudice’ Principle 5.17
E Confidentiality Clauses 5.27
F Potential Loss of Confidentiality 5.36
G Agreements to Keep Terms of Settlement Confidential 5.41
6. Ethics
A Professional Responsibilities in ADR 6.01
B Solicitors 6.03
C Barristers 6.05
D Acting in the Client’s Best Interests 6.07
E Acting within Instructions 6.09
, F Duties in Relation to Client Confidentiality 6.11
G Duties in Relation to an Opponent 6.14
H Duties in Relation to a Funder 6.16
I Duties in Relation to a Court 6.18
J Lawyers who Provide ADR 6.19
7. Funding ADR Procedures
A Expense and Funding 7.01
B The Potential for ADR to Save Costs 7.06
C The Potential Cost of an ADR Process 7.08
D Funding Bases for an ADR Process 7.22
E Costs Management and Proportionality 7.34
F Overall Financial Analysis and Risk 7.39
8. ADR Prior to the Issue of Proceedings
A The Context where No Proceedings Have Been Issued 8.01
B Powers of the Court Prior to Issue of Proceedings 8.06
C Part 36 Offers Prior to Issue 8.07
D Settlements Reached with No Issue of Proceedings 8.08
E Pre-Action Costs 8.10
F Practice Direction Pre-Action Conduct and Protocol Requirements 8.14
G Making Reasonable Attempts to Settle where No Proceedings Have 8.19
Been Issued
H Potential Justifications for Non-Compliance 8.24
2. Interplay between ADR, CPR and Litigation
Contents Para
9. The Approach of the Courts to ADR
A Introduction 9.01
B Judicial Encouragement of ADR 9.05
C Can the Court Compel Parties to Use ADR? 9.06
D The Court Guides 9.15
E Pre-Action Protocols 9.16
F The Overriding Objective and ADR 9.17
G Case Management Powers and ADR 9.20
H Directions Questionnaires and ADR 9.22
I Granting Stays for ADR 9.24
J Contractual ADR Clauses 9.27
K Costs Alternative Dispute Resolution 9.36
10. Costs and Cost Shifting in ADR
A Liability to Pay for an ADR Process 10.01
B Recovery of Costs within an ADR Process 10.05
C Recovery of ADR Costs within a Court Process 10.08
D Part 36 Offers 10.25
11. Sanctions for Refusing to Engage in ADR Processes
A Introduction 11.01
B The Court’s General Powers to Make Costs Orders 11.04
C Failure to Comply with Pre-Action Protocols 11.05
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller BarStudent123. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.76. You're not tied to anything after your purchase.
