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Civil Dispute Resolution: Balancing Themes and Theory

Civil Dispute Resolution: Balancing Themes and Theory

Name: Civil Dispute Resolution: Balancing Themes and Theory
Brand: Cambridge University Press
SKU: 9781316606346
Price: 1197.95 HKD
Availability: InStock
Author: Sonya Willis
ISBN: 9781316606346

By Sonya Willis

Cambridge University Press April 2022

Specifications

ISBN-13: 9781316606346
Publisher: Cambridge University Press
Publication: April 2022
Format: Paperback
Jurisdiction: Australia ? Countri(es) for reference only

Details

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

Part I. Civil Disputes and their Means of Resolution:

1. Introduction to civil dispute resolution

2. Balancing competing objectives – the key themes of civil dispute resolution

3. Access to justice and open justice

4. Alternatives to court: ADR

5. Managing court resources through ADR and summary disposition

6. Lawyers, legal costs and their role in civil dispute resolution

7. Managing resources through specialist courts and tribunals

Part II. Litigation: The Crucial Last Resort:

8. Interactions between parties and the courts

9. Commencing proceedings

10. Parties and pleading

11. Party documents – the voyage of discovery

12. Obtaining relevant information (alternatives to interparty discovery)

13. Protection of documents: privilege and confidentiality

14. Witness evidence pre-trial

15. Trial preparation and attendance

16. Judgment, appeals and enforcement

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