The Future of Dispute Resolution

Author: Michael Legg
Publisher: LexisNexis Australia
ISBN: 9780409332766
Published In: December 2012
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Effective and just dispute resolution mechanisms are important to corporations, government and individuals. A widening range of dispute resolution mechanisms are developing so that litigation or judicial determination of a dispute are no longer the primary methods of dispute resolution.

The Future of Dispute Resolution provides readers with a greater understanding of the alternatives to litigation, the continuing need for litigation in certain circumstances and how dispute resolution processes may develop in the future. The book takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of dispute resolution procedures.

Important practical questions are discussed, such as matching dispute resolution processes with disputes, court reforms, the future role of the judge, the provision of access to justice through class actions, litigation funding and pro bono, the role of lawyers in alternative dispute resolution processes, the future options for international dispute resolution and reform of civil procedure through international comparisons.

The chapters are written by leading judges, legal practitioners and academics. It is a valuable resource for practitioners and students seeking to understand the future role of litigation and practical alternatives to it.

1. Developments in Dispute Resolution and Ramifications for the Legal Profession
2. Dispute Resolution in the Next 40 Years - Repertoire or Revolution
3. Civil Justice in an Uncivil World
4. Dispute Resolution Reforms - Where Are We Heading?
The Future Role of the Courts
5. Judging the Future
6. Reforming Discovery
7. Discovery, Evidence and Technology
8. Expert evidence and civil justice: a reliability standard?
The Future of ADR
9. Developing ADR: Building the Repertoire
10. 1Matching processes with disputes
11. 1A Change in Dispute Culture: The Civil Dispute Resolution Act 2011 (Cth)
12. The Continuing Role for Litigation
Mediation
13. Mediation Process: Preliminary Conferences and Position/ Interest Papers
14. Advocacy at Mediation: An Oxymoron or an Essential Skill for the Modern Lawyer?
Access to Justice
15. What is Justice - A Litigation and Mediation Perspective
16. Litigation Funding
17. Class Actions and ADR Compared
18. The Commercialisation of Legal Practice
19. The Future of Pro Bono
International and Domestic Arbitration
20. The Arbitration Advantage
21. Investment Arbitration
22. The Multi-Door Court House: an international perspective
Comparative Civil Procedure
23. Comparative Civil Procedure
24. Lessons from German Civil Procedure
Dispute Resolution Education
25. Experiential Learning
26. Teaching Complex Civil Litigation

Legg, M

University of New South Wales. His main research interests are civil procedure, case management of complex civil litigation, class actions, litigation funding and regulatory disputes. Michael teaches undergraduate and postgraduate courses in the areas of dispute resolution, complex litigation and corporate law.