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ADR: Principles and Practice
ADR: Principles and Practice
3rd Edition
Practice Area:  Dispute Resolution
ISBN:  9780414044784
Published by:  Sweet & Maxwell
Publication Date:  07 Dec 2011
Format:  Hardback
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ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition covers theory, principles and practice of ADR, especially mediation, providing understanding, guidance and authority. It explores and integrates models of practice and negotiation generally; examines strategies; provides precedents; assists practitioners, policy makers and the judiciary in addressing the issues affecting practice. It introduces the psychology of dispute resolution and working with high conflict parties, and generally provides an encyclopaedic work of reference for practitioners and students.


The 4th edition of Brown and Marriott’s ADR Principles and Practice, due for publication in 2018, will be revised and updated by a new author team comprising William Wood QC, Brick Court Chambers; Ben Waters, Senior Lecturer in Law at Canterbury Christ Church University; and Shirley Shipman,  Principal Lecturer in Law at Oxford Brookes University School of Law. They bring a fresh perspective to the 4th edition; while Henry Brown, originator and co-author of the first three editions, is closely involved in this 4th edition as a Consultant Editor.

In addition to a general update and revision, the new edition will address the following in particular:
  • Developments in statutory and case law as well as practice, which have progressed in various fields, especially as ADR processes have become more integrated into litigation and judicial processes

  • Technology, ICT and online processes including Online Dispute Resolution (ODR), which have developed, affecting dispute resolution processes

  • ADR is becoming increasingly integrated into legal education and training and the work accommodates the need for a comprehensive guide also suitable for students


Chapter 1: Analysing ADR
Chapter 2: The dispute resolution toolkit: a process overview
Chapter 3: ADR philosophies and motivation: common values and differences
Chapter 4: Negotiation
Chapter 5: ADR and the courts
Chapter 6: Arbitration
Chapter 7: Contractual adjudication and other adjudicatory processes
Chapter 8: Mediation – General principles
Chapter 9: Mediation – Practice overview
Chapter 10: Civil and commercial mediation
Chapter 11: Divorce and other family mediation
Chapter 12: Neighbourhood and community mediation
Chapter 13: Restorative justice and practices
Chapter 14: Workplace and employment dispute resolution
Chapter 15: Environmental and public issue mediation
Chapter 16: Mediator attributes, skills and roles
Chapter 17: Lawyers’ role representing parties in mediation
Chapter 18: Non-binding ADR evaluative processes
Chapter 19: Hybrid processes - Med-arb, arb-med, neutral fact-finding expert and ombudsman
Chapter 20: Collaborative processes
Chapter 21: Introduction to dispute resolution psychology
Chapter 22: Working with high conflict parties
Chapter 23: Confidentiality and privilege
Chapter 24: Ethics and values, fairness and power
Chapter 25: Online dispute resolution
Chapter 26: Jurisdiction, forum and law
Chapter 27: Regulation, training, funding and insurance
Chapter 28: Enforcement of ADR outcomes
Chapter 29: Future directions

Appendix I – Dispute Resolution Organisations
Appendix II – Mediation Drafting: Documents and Precedents
Appendix III – Practice Directions, Statements and Notes


Arthur L. Marriott QC is the Head of Chambers at 12 Gray’s Inn Square.  He is a solicitor of the Supreme Court of England and Wales and of the Supreme Court of Hong Kong.  His practice focuses on international arbitration and commercial litigation.

He is the co-author of ADR Principles and Practice (First Edition 1993, Second Edition 1999), and a co-editor of, and author in, Bernstein’s Handbook of Arbitration and Dispute Resolution Practice (3rd edition.).

Henry Brown is a solicitor, mediator and trainer, now retired from legal practice. Co-author of ADR Principles & Practice (First Edition 1993, Second Edition 1999), he has been involved in the establishment of various mediation training programmes including the initial training faculty of CEDR, co-founding the Family Mediators Association (of which he is a Vice-President) and establishing the mediation programme for Resolution.



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“This book is a highly practical and highly concentrated manual that should have a place in every lawyer’s library”
Prof. R.H. Christie Q.C.  South African Law Journal on the first edition

“…the authors again bring their deep comparative knowledge of the subject, their gift for clear and comprehensive exposition, their probing critical judgment and their great practical expertise.”
Lord Bingham of Cornhill, former Lord Chief Justice, in the Foreword to the second edition

“Learned, informative, grounded in theory and practical experience…But this is no dry academic analysis…It is more than a source of information; it is a good read.” Prof. Martin Partington, then Chair of Civil Justice Council’s ADR Committee, reviewing the 2nd Edition

“…the practice of ADR in this country has come out of the shadows into the full light of recognition as an important social institution. This….is also in no small degree due to the pioneering work of the authors in providing a systematic analysis of the many forms of ADR which are available….The authors are to be congratulated on another valuable contribution to this most important subject. Not only lawyers but anyone interested in making society function better will gain from reading the book.” 
Lord Hoffmann of Chedworth in the Foreword to the third edition

“The comprehensive coverage of the subject in this substantial volume is founded on the authors’ deep knowledge and research on the use of ADR techniques in the UK and overseas. It should occupy a place on the bookshelf of everyone engaged in the business of dispute resolution.”
The Expert & Dispute Resolver

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