This book will find a large market in England where mediation and other forms of Alternative Dispute Resolution are being used increasingly by the courts and commercial clients.

The book provides a comprehensive analysis of the place of mediation, and other less used ADR processes such as the mini-trial, in the whole spectrum of dispute resolution. There are detailed sections on the processes themselves, advising clients and the roles of mediator, lawyer and parties. Of particular interest will be the new sections on personal injury claims and clinical (medical) negligence.

The authors do not beat about the bush: “not to acquire ADR skills and experience will put client relations and practice development at risk”..”it is not hard to argue that the failure to alert a client to the existence of ADR is, at best, falling short of best practice.” More positively, ability to use and advise on ADR will enhance the reputation of those lawyers and other professionals who use it and give them the competitive edge over their competitors.

To what extent these words presently apply in Scotland is open to debate. However, most disputes are settled by negotiation at some stage. The question may be: at what stage and at what cost? The advantages of mediation (which is, in reality, assisted negotiation) which the authors note are likely to have a impact in Scotland sooner rather than later:

• speed, privacy and reduced cost,
• creative and forward-looking solutions and
maintenance of business and commercial relationships