Brown & Marriott's

ADR Principles and Practice

Fourth Edition

Dr Shirley A. Shipman LLB(Hons),

BCL (Oxon), M Phil(Oxon), D Phil(Oxon) Principal Lecturer in Law, Oxford Brookes University

Benjamin D. Waters MA(Ed) Solicitor, Senior Lecturer in Law, Canterbury Christ Church University

William Wood QC Brick Court Chambers, London

Consultant Editor

Henry J. Brown Solicitor, England and Wales

SWEET & MAXWELL

TABLE OF CONTENTS

PAGE Foreword vii Preface xi Table of Cases xxxi Table of Statutes xxxvii Table of Treaties and Conventions xxxix Table of Arbitration and Practice Rules xli Table of Rules of Court xliii Table of Codes, Protocols and Guidance Notes xlv

PARA 1. Analysing ADR

Introduction 1-001 "Alternative" 1-006 "Dispute" 1-013

Distinguishing dispute and conflict: the paradox 1-022 Submerged issues in disputes 1-028 Why only disputes anyway? 1-031

"Resolution" 1 -032 Dispute resolution or settlement? 1 034 Dispute management or other intervention 1-039 Dispute resolution: transformation 1-042 Conflict resolution and other interventions 1-047

ADR reconstituted 1-052

2. An Overview of the ADR Landscape Introduction 2-001 Litigation and negotiation; the ADR symbiosis 2-010 The spectrum of processes from consensual to adjudicatory 2-014 Outline of the processes 2-016

Litigation 2-017 Private judging 2-018 Administrative or statutory tribunals 2-019 Arbitration 2-020 Court-annexed arbitration 2-021 Expert determination 2-022 Adjudication 2-023 Dispute Board 2-024 Ombudsman 2- 025

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Arb-Med 2-026 Med-Arb 2-027 Evaluation/Early neutral evaluation (ENE) 2-028 Neutral fact-finding expert 2-029 Mini-trial (Executive Tribunal) 2-030 Negotiation (through representatives) 2-031 Collaborative practice 2-032 Mediation (involving evaluative element) 2-033 Mediation (purely facilitative) 2-034 Conciliation 2-035 Negotiation (by parties personally) 2-036

Standard or bespoke processes 2-037 Using the standard models and designing bespoke processes 2-042

Some further considerations for the development of ADR 2-046

3. ADR Philosophies and Motivation: Common Values and Differences A broad church 3-001 Shared values and motivation 3-004

The principle of negotiated agreement 3-006 Facilitating resolution 3-012 Personal empowerment and self-determination 3-015 Creative and flexible decision-making 3-020 Potential for healing and relationship preservation'. 3-026 Maintaining ethical values 3-030 Providing a confidential and secure environment 3-034 Attributes, skills and sensitivity 3-036 Seeking a beneficial outcome 3-039 Overcoming the cost and delays of litigation 3 -041

Differences of practice and philosophy 3-043 Different fields of activity 3-044 Different models of practice 3-045 Evaluative or facilitative mediation 3-048 Settlement-geared or problem-solving mediation 3-050 Transformative and related approaches 3-052 Other models and schools of thought 3-054 Intervention and directiveness 3-055

Defining the processes 3-058 The momentum towards ADR 3-062 Conclusion 3-068

4. Negotiation Negotiation—the primary tool 4-001 Theories of negotiation 4-003 An interest-based problem-solving approach

Getting to Yes 4 -004 Underlying needs 4„011 Creating value 4- 012

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Principled rejection 4-016 Designing creative solutions 4-020

Competitive theory 4-021 The "essential tension" between interest-based and competitive approaches 4-026 Other theories and models 4-028 Some practical aspects of negotiation 4-033

Whether or not to negotiate 4-034 Preparation and set-up 4-037 Zone of Possible Agreement and the negotiation dance 4-040 Opening the negotiations 4-043 Responses to proposals 4-047 Continuing the negotiations 4-051

Skills, Strategies and Style 4-056 Power, Culture and Gender

Power 4-059 Culture, gender and values 4-065

Gender 4-067 Values 4-071

Perceptions and psychology 4-072 Good Faith in Negotiation

Theoretical Principles 4-076 Legal Principles 4-077 Good faith in ADR 4-078 Duty to perform in good faith? 4-081

Good faith in the ADR context 4-086 The neutral negotiation role 4-090

5. ADR and the Courts Introduction 5-001 Rules, practice directions and protocols 5-002

Civil Procedure Rules (CPR) 5-003 Family Procedure Rules 2010 (FPR) 5-006 Pre-action protocols 5-009 Family pre-application protocol 5-012

Courts adopting ADR processes 5-013 Court Settlement Process and FNE: The Technology and Construction Court 5-014 Financial Dispute Resolution (FDR) 5-019 The Small Claims Mediation Service 5-021 Judges as mediators 5-024

Issues around judges as mediators 5 028 Court-attached mediation by independent mediators 5-032

County Court mediation schemes 5-034 The Exeter small claims scheme 5-036 The Court of Appeal mediation scheme (CAMS) 5-039 Mediation Information and Assessment Meetings (MIAMs)

Family proceedings 5-043

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Civil proceedings 5-046 Courts directing or recommending ADR processes 5-048 Courts imposing sanctions where ADR is not attempted 5-061 Courts acting as a gateway to ADR (The Multi-Door Courthouse) 5-067 Mandatory ADR and human rights: the Article 6 argument 5-072 Court-annexed arbitration 5-077

Non-binding court-annexed arbitration 5-079 Adapting court-annexed arbitration principles 5-084

Court-attached ADR in some other jurisdictions 5-086 United States 5-087 Canada 5-089 Australia 5-090 Germany 5-092 Denmark 5-095 Japan 5-096 China 5-099 Singapore 5-100 India 5-102

Conclusions 5-104

6. Arbitration Introduction 6-001 The International Structure 6-007 The Arbitration Act of 1996 (England, Wales and Northern Ireland) 6-011 The essential features of arbitration

Agreement between the parties to arbitrate 6-014 Appointment and impartiality of arbitrator 6-020 Jurisdictional seat of the arbitration 6-026 Procedural freedom 6-028 A binding award 6-035 Costs 6-040

Amiable Composition and Ex Aequo et Bono Arbitration 6-045 Arbitration-related settlement 6-048 Arbitration of some particular kinds of disputes

International investment disputes: ICSID 6-052 Consumer disputes 6-058 Family law arbitration 6-061

7. Contractual Adjudication and Other Adjudicatory Processes Introduction 7-001 Contractual adjudication 7 002

Common threads 7-003 Statutory provision 7-004 Outline of the adjudication process 7 -008 Adjudication in context 7-012

Dispute Boards 7-014 The Dispute Board concept 7-017

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Examples of Dispute Boards 7-024 Expert determination 7-025

Areas of application 7-027 Procedural outline and discretion 7-031 Finality of determination 7-036 Distinguishing expert determination from single joint experts 7-043 Distinguishing expert determination from arbitration 7-046

Administrative or statutory tribunals 7-051 A range of administrative tribunals 7-056

Private judging 7-059

8. Mediation—General Principles What is mediation—and who decides? 8-001

What is •'real" mediation? 8-009 Conciliation and mediation 8-012

The principles of mediation 8-020 The use of a mediator 8-021 Impartiality or neutrality 8-027 Facilitation 8-033 Party self-determination 8-038 Secure environment: Confidentiality and evidential privilege 8-044 Authority derived from the parties 8-047 Consensual decision-making 8-048 Dispute or conflict resolution or management as the objective 8-050 Accommodating the conflict dynamic: containing escalation 8-054 Empowerment of the parties 8-059

9. Mediation—Practice Overview Different models: the strands of practice 9-001

Rights-based or interest-based mediation 9-004 Pure facilitation or an evaluative component 9-009 Settlement-geared process 9-012 Therapeutic mediation process 9-014 Transformative mediation 9-016 Other models 9-020

The stages of mediation 9-024 Pre-mediation: 9-029 During mediation: 9-030 Post-mediation: 9-031

Pre-mediation: Considering mediation, assessing suitability and obtaining commitment 9-032

Providing information: 9-033 Considerations affecting the decision to mediate 9-034 Assessing suitability 9-037 Obtaining commitment- the contract to mediate 9-039 When does the mediation start? 9 044

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During the Mediation: Stage 1: Preliminary communications and preparation 9-048

Preliminary communications 9-049 Preliminary meeting 9-052 Preparation 9-056

Stage 2: Commencement, establishing the issues and setting the agenda 9-057

The issues as presented 9-059 Underlying issues: the "iceberg" factor 9-063 The mediator's working principles 9-066

Stage 3: Information gathering 9-068 Displaying information: the flip-chart 9-069 How much information is enough? 9-070

Stage 4: Conducting substantive negotiations 9-072 Managing the process 9-073 Facilitation 9-075 Holding joint or separate meetings (caucuses) 9-077 Generating and developing options 9-078 Brainstorming 9-080 Building trust and understanding 9-083 Using communication and other skills 9-085 Testing perceptions, positions and proposals 9-087 Sensitivity to the expression of emotions.. 9-091 Evaluation 9-094

Stage 5: Dealing with impasse 9-095 The mediator's role and assumptions 9-098 Blocks caused by terminology or symbolism 9-099 Differences of perception: fairness, values and other aspects 9-103 Emotional blocks 9-105 Conflicting legal or technical advice 9-108 Helping parties to assess risk 9-110 Other strategies 9-113

Stage 6: Concluding mediation and recording the outcome 9-116 Addressing post-mediation issues 9- (19 Multi-party disputes 9-120

Some practical points for multi-party mediation 9-123 Outline of different fields of mediation activity 9-127

10. Civil and Commercial Mediation What is covered in the field of civil and commercial mediation? 10-001 Development of civil-commercial mediation in the UK

Private sector civil-commercial mediation bodies 10-005 Low cost and publicly funded mediation 10-009 Specialist civil and commercial mediators 10-011 The Civil Mediation Council 10-014

Lawyers and rights in civil and commercial mediation 10-015 The stages of civil and commercial mediation 10-020

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Pre-Mcdiation: Considering mediation, assessing suitability and obtaining commitment 10-022

Raising public and professional awareness 10-023 ADR pledges and contract clauses 10-025 Judicial encouragement and orders 10-031 Preliminary meetings 10-032 Assessing suitability 10—034 Providing information 10-037 Trade and other associations 10-043 Agreement to mediate 10-044

Stage 1: Preliminary communications and preparation Preliminary communications or meeting 10-049 Establishing the venue 10-062 Facilities at the venue 10-067 Legal representation 10-069 Authority of corporate representatives 10-071

Stage 2: Commencement, establishing the issues and setting the agenda 10-073

Opening the mediation session 10-075 Establishing the issues: oral presentations 10-077 Setting the agenda 10-080

Stage 3: Information gathering 10-083 The written case summaries 10-086 The bundles of documents 10-091 Establishing underlying views and concerns 10-095 Other infonnation required 10-098 Acquiring specialist infonnation 10-099

Stage 4: Conducting substantive negotiations 10-100 The first separate meetings 10-104 Initiating discussions and negotiations 10-107 Option development and reality testing 10-110 Shuttle mediation 10-115 Working with parties' lawyers and other professionals 10-118 Arranging a scries of meetings 10-123 Dealing with emotions: the myth of rationality in civil and commercial disputes 10-127 Other permutations of meetings and ways of working 10-135 Using facilitation and communication skills 10-136 Adopting an evaluative mode 10-139

Stage 5: Dealing with impasse 10-142 Addressing risk perception 10-143 BATNA and WATNA 10-152 Examining underlying issues 10-154 Exploring creative options 10-156 Symbolism 10-158 Brackets 10— 160 Adjournment for non-binding third-party evaluation of an issue 10 162

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Making non-binding settlement proposals 10-164 Other strategies 10-169 Preparing for adjudication 10-173 Adjournment and "after-care" 10-175

Stage 6: Concluding mediation and recording the outcome 10-176 Addressing post-mediation issues 10-184 Deal mediation 10-188

11. Divorce and Other Family Mediation Introduction 11-001 Overview of family mediation in the UK

Brief history 11-004 Mediation and conciliation through the courts 11-012 Financial Dispute Resolution (FDR) 11-015 The Family Mediation Council (FMC) 11-017 Family Mediation Standards Board (FMSB) 11-019 Mediation Information and Assessment Meetings (MIAMs) 11-020

Counselling/psychotherapy 11-022 Sole or anchor mediation and co-mediation 11-028 Lawyers and rights in family mediation 11-031

Lawyers as mediators 11-038 Including children and young people in mediation and dispute resolution processes 11-040 Issues around mediating with domestic violence or-abuse

Abuse between the couple 11-050 Child abuse 11-058

Professional consultancy or supervision 11-061 Mediating unmarried cohabiting couples 11-065 Family issues other than separation and divorce 11-067 The stages of family mediation 11-069 Pre-Mediation: Considering mediation, assessing suitability and obtaining commitment 11-070

Intake sessions and MIAMs 11-074 Preliminary meeting with lawyers 11-077 The Agreement to Mediate 11-079

During the Mediation: Stage 1: Preliminary communications and preparation 11-081 Stage 2: Commencing the mediation, establishing the issues and setting the agenda 11 _087 Stage 3: Information gathering 11-097 Stage 4: Conducting substantive negotiations 11- 105

Option development 11-106 Providing information 11-110 Using communication skills 11-113 Dealing with the expression of emotions 11-114 Managing the process 11-118 Helping with reality testing 11_ 120 Facilitating negotiations and decision-making 11-122

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Children's issues and parenting plans 11-126 Separate meetings (caucuses): using the "hybrid" model 11-128

Stage 5: Dealing with impasse 11-131 Pausing and reflecting 11-132 Allow the parties to absorb the progress 11-133 Addressing underlying fears and concerns 11-134 Addressing unresolved emotional blocks 11-136 Dealing with cyclical patterns of behaviour 11-139 Considering perceptions of fairness 11-140 Recognising the power of words and symbolism 11-142 Short term experiments and reviews 11-145 Managing differences of legal perception 11-146 Using draft summaries 11-147 Risk assessment (BATNA/WATNA) 11-149 Separate meetings (caucuses) 11-153 Family arbitration 11-154 Preparing for adjudication 11-155

Stage 6: Concluding mediation and recording the outcome Concluding the mediation 11-156 Preparing summaries and memoranda 11-160 Concluding formalities 11-166

Addressing post-mediation issues 11-169

12. Neighbourhood and Community Mediation and Restorative Justice Introduction to Neighbourhood and Community Mediation 12-001 Neighbour disputes 12-007

Noise problems 12-008 Verbal abuse or harassment 12-009 Children's behaviour 12-010 Pets and other animals 12-011 Boundary issues 12-012 Eyesores and other environmental issues 12-013 Parking and other neighbour issues 12-014 Mediation of social conflicts and inter-group disputes 12-015

Mediation in schools and peer mediation 12-016 Elder mediation 12-023 Gang mediation 12-024

UK gang mediation developments 12-027 Other community mediation 12—032 Community mediation services 12-033 The mediation process in community disputes 12-037 Pre-Mediation: Considering mediation, assessing suitability and obtaining commitment 12-040 During the mediation: Stage 1: Preliminary communications and preparation 12-045 Stage 2: Commencement establishing the issues and setting the agenda 12-049

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Stage 3: Information gathering 12-056 Stage 4: Conducting substantive negotiations 12-058 Stage 5: Dealing with impasse 12-063 Stage 6: Concluding mediation and recording the outcome 12-066 Addressing post-mediation issues 12-069 General observations 12-070 Introductory overview of restorative justice 12-074 Restorative justice 12-080

Restorative justice: the rationale 12-083 Victim-offender programmes 12-088 Restorative cautioning 12-091 Restorative justice for young offenders 12-093 Kinds of offences dealt with by restorative justice programmes 12-095

Restorative practices 12-102 Family Group Conferencing and youth restorative justice 12-103 Circles 12-108 Restorative practice in schools 12-109

13. Workplace and Employment Dispute Resolution Brief UK historical background 13-001 Acas 13-005 Processes and terminology 13-007

Conciliation [ 3-008 Mediation 13-012 Arbitration 13-014 Employment and workplace issues distinguished 13-015

Rationale for ADR in employment and workplace disputes 13-017 Conciliation practice and procedure.. 13-022

Individual conciliation 13-023 Collective conciliation 13-028 Settlement (Compromise) agreements 13-032

Mediation practice 13-034 Stage 1: Preliminary communications and preparation 13-038 Stage 2: Commencement, establishing the issues and setting the agenda 13-042 Stage 3: Information gathering 13-044 Stage 4: Conducting substantive negotiations 13-047 Stage 5: Dealing with impasse 13 -052 Stage 6: Concluding mediation and recording the outcome 13-058 Post-Mediation 13-060 Collective mediation 13-062 Employment arbitration

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14. Mediator Attributes, Skills and Roles Introduction 14-001 The concept of the construct 14-007

Foundational knowledge Theoretical understanding 14-008 Practical skills 14-009 Ethical awareness 14-011

Desirable attributes 14-019 Sound judgment 14-020 Sensitivity and empathy 14-023

Leadership traits or style 14-031 Creativity 14-033 Flexibility 14-036 Balance 14-039

Mediation skills 14-042 Listening 14-043 Observing non-verbal communications 14-046 Helping parties to hear 14-049 Questioning 14-052 Summarising 14-055 Acknowledging 14-057 Mutualising 14-061 Using language effectively and reframing 14-064 Use of metaphor 14-069 Normalising 14-073 Managing conflict and the expression of emotions 14-075 Lateral thinking 14-083 Understanding triangulation and avoiding alliances 14-085 Encouraging a problem-solving mode 14-092 Being silent 14-095 Constructive facilitation 14-098

The mediator's roles and functions 14-102 The mediator as manager of the process 14-103 The mediator as information gatherer 14-105 The mediator as facilitator 14-106 The mediator as reality tester and evaluator 14-107 The mediator as host 14-112 The mediator as scribe 14-117 The mediator as settlement supervisor 14 118

Mediator Training 14-119

15. Confidentiality and Privilege Introduction 15-001 Confidentiality

General principles 15-012 Confidentiality in ADR 15 -022

Confidentiality of matters dealt with in the process 15-023 Confidentiality of separate meetings or caucuses 15 -032

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Some general principles where confidentiality is not applicable 15-036

Privilege 15-037 Professional privilege 15-048 Without prejudice 15-053 Reconciliation 15-068 Mediation about children 15-072 Part 36 of the Civil Procedure Rules: Without prejudice save as to costs 15-075 Employment conciliation provision, family court practice 15-076

Court excluding confidentiality and privilege 15—079 The court stipulates for mediation and wishes to know what happened 15-080 Allegations are made of fraud, misrepresentation, economic duress or undue influence 15-088 The court wishes to determine whether an agreement was concluded 15-094 Where there is an allegation of negligence 15-097 Where the court wishes to interpret an agreement 15-103

Proceeds of Crime Act 2002 15-106 Contracting for confidentiality and privilege 15-114 Privilege and confidentiality under the EU Directive 15-118 A mediation privilege? 15-123

The mediator's position 15-138 Clarification and reform 15-142

16. Ethics, Values, Fairness and Power Introduction 16-001 Rules of underlying professional bodies 16-010

The Law Society of England and Wales and the Solicitors Regulation Authority

General provisions 16-012 Specific mediation provisions 16-017 The Law Society's Mediation Panels 16-019

The Bar 16 020 ADR Ethics and Codes of Practice 16-021 The practitioner's values, attitudes and beliefs

The concept of neutrality 16-026 Personal values, attitudes and beliefs 16-028

Attitude to conflict 16-030 Rationality-emotionality 16-032 Values, beliefs and assumptions 16-036

Fairness Fairness of process or fairness of outcome 16-039 What constitutes fairness?

The parties' views guiding fairness 16-044 Legal principles guiding fairness 16-046 Workability guiding fairness 16-048

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Legal representation guiding fairness 16-049 Other fairness considerations 16-050 Manifest unfairness 16-051

Conflicts of interest 16-052 Regulating conflicts of interest and perceived conflicts 16-054 The wider net covering conflicts and perceived conflicts 16-057 Absolute and relative bars to mediating by reason of conflicts and perceived conflicts 16-060

Absolute bar to mediating 16-062 Qualified bar to mediating 16-065

Conflicts or perceived conflicts arising or identified after mediation has started 16-067 Changing roles after the conclusion of mediation 16-069

Ethics of Confidentiality 16-071 Ethics of confidentiality in ADR generally 16-072 Ethics of confidentiality in private meetings 16-079

Disclosure of information from separate meeting into joint meeting 16-081 Agreement to maintain confidentiality of separate meetings 16-085 Separate meetings with special rules 16-090

Power imbalances Forms of power 16-093 Power imbalances: the mediator's role 16-099

Should a mediator try to redress a power imbalance? 16-101 What steps could a mediator take to redress power imbalances? 16-109

Mediator cautions 16-117 When mediation is inappropriate 16-118 When mediation needs to proceed with caution or reservation 16-119

Conclusion 16-121

17. Lawyers' Role Representing Parties in Mediation Introduction 17-001 Differences between civil-commercial and family mediation 17-004 Specialist mediation advocacy 17-007 Deciding on the mediation forum 17-009

Is the dispute suitable for mediation? 17-010 What kind of mediation is required? 17-018 Does the mediator need to be an expert? 17-020

Commercial and civil disputes 17-022 Family issues 17-025

Engaging the other party in mediation 17-030 Understanding the mediation process 17-032 The Pre-Mediation Phase 17-034

Preliminary meetings 17-035 Selecting a mediator 17-037 The agreement to mediate 17-040

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The Substantive Mediation Phase Preliminary meetings and communications 17-041 Dealing with the documentation

Civil-commercial disputes 17-043 Family issues 17-048

Preparation Civil-commercial cases 17-050 Family cases 17-053

The substantive meeting 17-055 Presentation of the case in civil commercial mediation 17-057 Presentations in family mediation 17-061

Providing information 17-063 Negotiating and communicating during the mediation 17-064 Strategies 17-069 The lawyer's role during substantive family mediation 17-071 Drafting and formalising 17-075 Vetting family mediation proposals 17-080

The Post-Mediation Phase 17-085

18. Ombudsman The ombudsman concept 18-001

The ombudsman's role and function 18-004 The range of ombudsman institutions 18-007

How the ombudsman operates Ombudsman procedures 18-012 Remedies 18-021

Online and communication ombudsmen and adjudicators 18-023 EU Directive on Consumer ADR: Implications for ombudsmen 18-030 Ombudsman developments, challenges and criticisms 18-035 Complaints adjudication 18-041

19. Non-Binding Evaluative ADR and Hybrid Processes Introduction to non-binding evaluation 19-001 Reasons for evaluating 19-005 What constitutes neutral evaluation? 19-011 Some considerations relevant to neutral non-binding evaluation 19-018 Evaluation in mediation 19-019

No idea of the parameters 19-022 Deadlocked by differing outcome perceptions 19-025 Opposition to evaluation in mediation 19-029

The mini-trial (Executive Tribunal) The mini-trial concept 19-032 The mini-trial procedure

Appointment of neutral adviser 19-037 Preparation 19-040 The conduct of the mini-trial 19-042 The neutral adviser's role 19-043 The settlement negotiations ] 9-047

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Kinds of cases suitable for mini-trial 19-050 Timing of mini-trial usage 19-053 General observations about mini-trials 19-055

The summary jury trial 19-059 Early Neutral Evaluation, Case Evaluation, Financial Dispute Resolution and the Court Settlement Process

Outline of neutral evaluation 19—062 ENE through the courts 19-066 Neutral evaluation procedure 19-071 General observations about evaluation 19-072 Financial dispute resolution 19-076 Court Settlement Process 19-079

Flybrid processes 19-080 Med-arb (mediation-arbitration)

Outline and issues for consideration 19-082 Meeting the concerns 19-088

Arb-med (arbitration-mediation) 19-094 Some further observations about med-arb and arb-med 19-101 Neutral fact-finding expert 19-103

20. Online Dispute Resolution Introduction 20-001 Disputes arising online 20-005 "Real world" disputes dealt with by ODR 20-012

Double-blind bidding 20-015 Visual blind bidding 20-016 Online arbitration 20-017 Supporting traditional ADR 20-019

Other usages of 1CT in dispute resolution 20-022 Regulation or harmonisation of ODR 20-024 Some practical ODR issues

Confidentiality 20-032 Enforcement 20-034 Law and jurisdiction 20-038

ODR and the courts Money Claims Online 20-040

21. Jurisdiction, Forum and Law ADR jurisdiction 21 -001 Authority arising from statute 21-002 Authority arising from agreement 21-005 Contract clause stipulating for ADR 21-007

Arbitration clause 21-012 Clause for non-adjudicatory ADR 21-014

ADR agreement after dispute has arisen 21-020 Enforceability of ADR clauses in contracts 21-025 ADR Forum 21 —039 Applicable Law 21 -043

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22. Future Directions ADR 25 years on 22-001 Brexit 22-005 Regulation 22-013 Education and academic developments 22-016 Review of civil justice and ADR 22-022 Compulsion: where are we? 22-025 Black Swans and the GDPR 22-027 The Way Forward 22-032

Appendices I. Drafting, Documents and Precedents A1-001 II. Court-Related Documents and Directives A2-001

PAGE Glossary 487 Bibliography 497

Index 519

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