Resolving Civil Disputes, 2nd edition
An invaluable guide to dispute resolution policy and practice
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Efficient, effective and ethical resolution of disputes is central to civil society. However, resolution processes are subject to significant practical and policy issues. The revised and updated second edition of 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, this 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 book explains the distinctive and vital role of litigation, 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 with attention placed on those members of society who suffer economic or social disadvantage. The text explores key responses to a lack of access to justice such as legal aid, pro bono, class actions and litigation funding. The text also examines the impact of technology on lawyers, litigation and alternative dispute resolution and addresses the development and practice of transnational litigation.
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.
• 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
• Wide-ranging topics include access to justice, class actions and litigation funding
• Explores the impact of technology on legal practice
• Authoritative and reliable content
• Contributions from eminent thought leaders
• Boulle, Mediation and Conciliation in Australia: Principles Process Practice, 2023
• Field, Australian Dispute Resolution, 2022
• Lethbridge et al, Civil Litigation: Strategy and Practice, 2023
Table of contents
- Part 1 Justice, Courts and Alternative Dispute Resolution
- 1. The distinctive role of the judge: ‘The least dangerous branch of government’ – Margaret Beazley AO and Christopher Frommer
- 2. Alternative Dispute Resolution – Mary Walker
- 3. The Vitality of Litigation – Michael Legg and Bernice Ng
- 4. The Relationship Between the Courts and Alternative Dispute Resolution – Robert French KC
- Part 2 Litigation
- 5. Dealing with Cost and Delay – The Hon Justice David Hammerschlag
- 6. The Art of Pleading – James Emmett SC
- 7. Preparing and Presenting Evidence – John Sheahan KC and Brandon Smith
- 8. Beyond Borders - An Introduction to Transnational Litigation - Michael Legg and Joshua Kang
- Part 3 Alternative Dispute Resolution
- 9. Mediation Process: Preliminary Conferences and Position/Interest Papers - Rosemary Howell
- 10. Preparing a Client for a Mediation - Rosemary Howell and William Joseph Nicholls
- 11. Advocacy at Mediation: An Oxymoron or an Essential Skill for the Modern Lawyer? - Robert Angyal SC
- 12. The Choice Between Litigation and Arbitration – The Hon Kevin Lindgren KC
- Part 4 Access to Justice
- 13. Law for Disadvantaged People – Geoff Mulherin
- 14. Aboriginal and Torres Strait Islander Peoples and Dispute Resolution – Megan Davis
- 15. Pro Bono Assistance for Resolving Civil Disputes – Gabriela Christian-Hare and Jessica Morath
- 16. Class actions – Lachlan Armstrong KC and Anna Batrouney
- 17. Litigation Funding – Wayne Attrill
- Part 5 Technology and Dispute Resolution
- 18. Lawyers, Technology and Dispute Resolution – Michael Williams
- 19. New Sources of Discovery and Evidence: Electronically Stored Information, Social Media, Artificial Information and the Internet of Things – Michael Legg and Kayleen Manwaring
- 20. Managing the Data – Technology Assisted Review – Craig Macaulay
- 21. Online Dispute Resolution – Michael Legg
- 22. Dispute Resolution on the Blockchain – James Metzger
- Part 6 Legal Education
- 23. Teaching and Learning Resolving Civil Disputes – James Metzger
- 24. Soft Skills in Dispute Resolution – Riona Moodley