A new (second) edition of the Jackson ADR Handbook was published on 8 September 2016.
The original edition of the Handbook (see our bulletin here) was published in 2013 as one of the suite of measures recommended by Lord Justice Jackson in his 2010 Review of Civil Litigation Costs. That Review endorsed a "serious campaign" to ensure that lawyers, judges and the public were alerted to the benefits of ADR in resolving disputes, and recommended that an authoritative handbook be prepared to provide practical and concise guidance on all aspects of ADR, and in particular the use of ADR in relation to civil claims in England and Wales.
The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to reform civil litigation in England and Wales. The Handbook is intended to inform litigants, lawyers and judges about the benefits of ADR in the hope that it will become more readily deployed in the context of civil litigation. Click here to read our ebulletin dated 25 April regarding this development.
Lord Justice Jackson has recently strongly endorsed the central role ADR has to play in our civil litigation landscape.
A recommendation in his January 2010 report on civil litigation costs was that all litigation lawyers and judges should be properly informed about the benefits of ADR and should alert the public and small businesses to those benefits. To this end he recommended that an authoritative mediation handbook be prepared. In his recent lecture on the role of ADR in furthering the aims of the costs review, Lord Justice Jackson confirmed that an ADR handbook for use by judges and litigators is planned to be published in April 2013. Continue reading
The new Dispute Resolution Commitment is the latest in a series of government moves to encourage the use of ADR mechanisms, including negotiation, mediation and neutral evaluation. The government’s consultation “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, asked for views on compulsory mediation information sessions, automatic referral to mediation, and extension of the provisions in the Mediation Directive to domestic disputes. Herbert Smith responded to the consultation on 29 June 2011.
Lord Justice Jackson has also provided a response to the consultation, as have the Lord Chief Justice and Master of the Rolls on behalf of the judiciary as a whole. These can be viewed here. Continue reading
The UK government had publicly committed to a greater use of mediation and other forms of ADR in the civil justice system. To coincide with an announcement to Parliament regarding the government’s reaction to its consultation on the Jackson recommendations for reform of civil litigation funding and costs, a new consultation on reform of the civil justice system was announced on 29 March 2011. Continue reading
The final report in Lord Justice Jackson’s year-long costs review was published on 14 January 2010.
Lord Justice Jackson does not recommend any rule changes in relation to ADR. Instead he emphasises the need to educate practitioners and the public about ADR more efficiently. He recommends that an authoritative ADR handbook of equivalent status to the annual publications on civil procedure be prepared by a neutral body (ideally the Civil Justice Council). This would give details of all reputable mediation providers, although no formal accreditation scheme is recommended. The handbook should be used as the standard text for training and educating judges and lawyers. In tandem, a simple and clear brochure should be prepared to educate the public and small businesses about ADR. Continue reading