Australian Dispute Resolution

Author: Rachael Field
Publisher: LexisNexis Australia
ISBN: 9780409353587
Published In: December 2021
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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Authoritative and comprehensive coverage of Australian dispute resolution theory and practice

Australian Dispute Resolution provides a theoretical, coherent and accessible treatment of modern conflict management and dispute resolution (DR) in Australia. It focuses on the knowledge of practice, values, skills and ethics that are essential for effective contemporary DR and legal practice, and that are also fundamental to the future sustainability of the legal profession. DR options across the matrix of available approaches are discussed and analysed. The book also incorporates several new dimensions into contemporary thinking about Australian DR, offering insights into the development of its future theory and practice.

In the dynamic world of DR, this book is essential reading for DR practitioners, litigators, researchers and anyone interested in the future of DR, law and lawyering, while its scholarly and authoritative analysis will engage and inform students as a foundation for successful future practice as dispute resolvers.

Features

• Provides a theoretical, coherent and accessible treatment of Australian dispute resolution practice
• Links theory to practice
• Includes discussion on developing ADR areas such as collaborative law, non-adversarial lawyering, online dispute resolution and family dispute resolution
• Incorporates perspectives on indigenous dispute resolution throughout to identify context specific strategies
• Addresses the interdisciplinary elements of the theory and practice
• Includes a focus on professional identity and values

Part I Dispute Resolution in Australia
Ch 1 Dispute Resolution, Lawyers and Lawyering
Ch 2 Understanding Conflict and Disputes
Ch 3 The Dispute Resolution Matrix
Ch 4 The Dispute Resolution (DR) Processes on the DR Matrix
Ch 5 Values and Goals in Dispute Resolution
Ch 6 A Short History of Australian Dispute Resolution
Part II Key Dispute Resolution Systems: Theory, Practice and Variations
Ch 7 Negotiation
Ch 8 Mediation
Ch 9 Conciliation
Ch 10 Expert Determination and Arbitration
Ch 11 Litigation
Part III Dispute Resolution Praxis and Potential
Ch 12 Elements of Effective Dispute Resolution Practice
Ch 13 Competence and Ethics in Dispute Resolution
Ch 14 Dispute Resolution and a Positive Professional Identity

Rachael Field

Rachael Field is a Professor in the Law School at Bond University, and co-director of the Bond Centre for Dispute Resolution. She is an NMAS accredited mediator and FDRP, practising in the Bond FDR Clinic. Rachael’s PhD concerned mediation ethics and she has published widely on DR topics. Rachael founded the Wellness Network for Law and co-founder of the Australian Dispute Resolution Research Network. She is an Australian Learning and Teaching Fellow, a Senior Fellow of the Higher Education Academy, the 2013 Queensland Woman Lawyer of the Year and an academic bencher of the Inner Temple.