Resolving Civil Disputes

Law

Resolving Civil Disputes

By M. Legg
LexisNexis Australia November 2016

Specifications

ISBN-13
9780409344097
Publisher
LexisNexis Australia
Publication
November 2016
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Efficient and effective resolution of disputes is central to civil society. However, resolution processes are subject to significant practical and policy issues. Resolving Civil Disputes identifies and explores these challenges.

Structured to address the roles that litigation and various other forms of dispute resolution play in resolving civil disputes in the modern era, the book fosters an understanding of how to evaluate and select the most appropriate resolution technique for a civil dispute, through processes such as negotiation, mediation, arbitration and litigation.

The distinctive and vital role of litigation is explained, while questioning whether a broader view of justice may be taken and how the courts and alternative dispute resolution may interact. The mechanics of litigation and mediation are examined through insights into the key steps of each process.

The utility of dispute resolution techniques to deliver access to justice is discussed, especially key responses such as pro bono, class actions and litigation funding with respect to court-based resolution processes.

Major drivers of change in our time, technology and globalisation, have significant ramifications for dispute resolution. The text explores the impact of technology on lawyers, litigation and alternative dispute resolution and explains the development and practice of transnational litigation and international commercial arbitration as responses to globalisation.

The clear and authoritative analysis has been contributed by leading experts from the judiciary, academia, legal and dispute resolution practice. This unique text provides invaluable guidance for practitioners, policy-makers, students, researchers and anyone interested in dispute resolution techniques.

Features

  • Considers roles of litigation and other ADR methods as elements in the dispute resolution process
  • Discusses key practice and policy questions relevant to both practitioners and policy-makers
  • Authoritative and reliable content
  • Contributions from eminent thought leaders in the area

Table of Contents

Part 1 — Justice, Courts and Alternative Dispute Resolution
1. The Distinctive Character of the Judicial Function — The Hon Justice Margaret Beazley AO
2. A Broader View of Justice? — Professor Tania Sourdin
3. The Vitality of Litigation — Michael Legg and Sera Mirzabegian
4. The Relationship Between the Courts and Alternative Dispute Resolution —The Hon Michael Black AC QC

Part 2 — Litigation and the Courts
5. Dealing with Cost and Delay — The Hon Justice David Hammerschlag
6. Pleadings — Greg Curtin SC
7. Just(,) Quick and Cheap? Contemporary approaches to the management of expert evidence — Professor Gary Edmond and Mehera San Roque
8. Express justice: summary disposal and expedition — Brenda Tronson
9. Legal Costs Assessment in New South Wales — Steve Shaw

Part 3 — Alternative Dispute Resolution
10. Changing Dispute Culture: The Civil Dispute Resolution Act 2011 (Cth) — Jeremy Gormly SC
11. Mediation Process: Preliminary Conferences and Position/Interest Papers — Rosemary Howell
12. Preparing the Client for Mediation — Rosemary Howell and William Nicholls
13. Advocacy at Mediation: An Oxymoron or an Essential Skill for the Modern Lawyer? — Robert Angyal SC
14. Ethics and Negotiation — Justine Rogers
15. The Choice Between Litigation and Arbitration — The Hon Kevin Lindgren QC

Part 4 — Access to Justice
16. Law for Disadvantaged People — Geoff Mulherin
17. Indigenous Dispute Resolution — Professor Megan Davis
18. Pro Bono Assistance for Resolving Civil Disputes — John Corker
19. Class actions — Lachlan Armstrong QC
20. Litigation Funding — Wayne Attrill
21. Lawyers and Litigation: A Pathway Out to Wealth and Fame? — The Hon Ronald Sackville AO

Part 5 — Technology and Dispute Resolution
22. Lawyers, Technology and Dispute Resolution — Michael Williams
23. New Sources of Discovery and Evidence: Electronically Stored Information, Social Media and the Internet of Things — Michael Legg
24. Online Dispute Resolution — Alan Limbury

Part 6 — Globalisation
25. Beyond Borders - An Introduction to Transnational Litigation — Michael Legg
26. An Introduction to International Arbitration — Georgia Quick and Adam Firth
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