A review of ADR Principles and Practice by Henry Brown and Arthur Marriott

The third edition of ADR Principles and Practice by Henry Brown and Arthur Marriott is now available in paperback, published by Sweet and Maxwell.

The publishing history of this standard text of ADR closely mirrors the history of ADR development in the United Kingdom. The first appeared in 1993, when family and community mediation had begun to be established in the UK, but commercial mediation was still in its infancy, and there was little perceptible policy as to ADR development emerging from either government and judiciary. The second edition was dated 1999, the momentous year which saw introduction of the Civil Procedure Rules based on the Woolf Reports, and which saw ADR for the first time formally acknowledged within civil procedure as a tool of active case management, itself becoming the paramount principle underpinning court control of civil litigation, and with the senior judiciary taking a firm lead on the place of ADR. Now the third edition has arrived in 2012, in a year when Government is certainly enunciating its commitment to the extended use of ADR and mediation in particular as a means of ensuring access to justice at a time when public funding of civil justice is becoming increasingly difficult. Maybe the judiciary is a little more cautious about ADR now, though they have never said so in terms, except to express strong reservations about mandating its use.

So the new edition of Brown and Marriott again comes at an opportune time to stimulate debate and provide a solid foundation for understanding what mediation is about. One of Sir Rupert Jackson’s pleas about ADR is that there should be better education for all, including the judiciary, about its benefits. This book can certainly provide exactly that. It is a wide-ranging treatise, looking in some detail at the broad range of processes to be regarded as sitting beside mainstream civil justice as ways of resolving disputes before or while proceedings are afoot. There are brief chapters on arbitration (though nothing on recent attempts by CEDR to encourage settlement of disputes in arbitration), and also adjudication, non-binding evaluation and collaborative law processes. There are some new and interesting chapters on dispute resolution psychology and working with high conflict parties towards the end, with a full discussion at the beginning of the reasons for ADR, its philosophy and its place in the overall world of negotiation.

The heart of the book - ten of its chapters, plus many references in many others - deals with mediation, undoubtedly the premier ADR process in the UK…

Continuing Reading Article—

by Tony Allen

Tony Allen is a Solicitor, Direct Mediator and Senior Consultant for The Centre for Effective Dispute Resolution (CEDR).