Australian Dispute Resolution Law and Practice

A critical, evaluative and accessible discussion of dispute resolution methods available in Australia. It identifies both the theoretical and political underpinnings of each method and places it in the domestic social and political context.

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ISBN/ISSN: 9780409341850
Release Date: September 01, 2016
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AUD$ 135.00
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ISBN/ISSN: 9780409341867
Release Date: September 01, 2016
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Product description

Australian Dispute Resolution provides a theoretical, coherent and accessible treatment of modern conflict management and dispute resolution in Australia. It focuses on the knowledge, skills, ethics and values that are essential for effective contemporary legal practice and fundamental to the future sustainability of the legal profession.

Dispute resolution options across the spectrum of available techniques are explained and discussed. The book covers not only the traditional dispute resolution processes but also incorporates several new dimensions to the field, replacing outdated notions of ADR with a more appropriate presentation of the dispute resolution matrix. The authors provide a new typology of different categories and individual processes of dispute resolution, supported by a refreshing rethink of the values and goals underpinning those processes.

By examining the fundamental relationship between theory and practice, the authors bring an understanding of conflict and disputes into the forefront of the legal knowledge base for lawyers for whom disputes are a primary business.

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

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

Related Titles

Alexander, Howieson & Fox, LexisNexis Skills Series: Negotiation Strategy, Style, Skills, 3rd ed, 2015
Boulle, Mediation: Principles, Process, Practice, 3rd ed, 2011
Boulle & Alexander, LexisNexis Skills Series: Mediation Skills and Techniques, 2nd ed, 2012
Condliffe, Conflict Management: A Practical Guide, 5th edition, 2016
Holmes & Brown, The International Arbitration Act 1974: A Commentary, 2nd ed,
Legg (ed), The Future of Dispute Resolution, 2013

Featured Authors

Laurence Boulle
Rachael Field

Laurence Boulle

Laurence Boulle is a Professor of Law at the Thomas More Law School, ACU, Sydney. He has taught and written extensively, both in Australia and internationally, on mediation, dispute resolution and globalisation. He has practised as a mediator for 22 years and served as Chair of both NADRAC and the Mediator Standards Board. Laurence is regularly invited to present at conferences here and abroad and he acts as consultant to governments, tribunals and the private sector on conflict management, dispute systems design and conflict coaching.

View all books by Laurence Boulle (4)

Rachael Field

Rachael Field is a Professor of Law at Bond University. Her research and teaching interests focus on dispute resolution, the first year law experience and student and professional well-being. She is the founder and coordinator of the Australian Wellness for Law Network. Rachael is also President of the Women’s Legal Service, Brisbane and co-authored a model of family dispute resolution commissioned by the Attorney-General’s Department for use in matters where there is a history of domestic violence.

View all books by Rachael Field (2)

Table of contents

Part I — The Dispute Resolution Panorama
 

     
  1. Lawyers, Lawyering and Dispute Resolution

    2.  
  2. The Dispute Resolution Matrix

    3.  
  3. Shaping Australian Dispute Resolution

    4.  
  4. Values and Goals in Dispute Resolution 

    5.  
  5. Conflicts and Disputes as Lawyers’ Business

    6.  

 Part II — Dispute Resolution Systems 
 

     
  1. Processes without Independent Interveners

    2.  
  2. Facilitated Dispute Resolution Processes

    3.  
  3. Advisory Dispute Resolution

    4.  
  4. Determinative Dispute Resolution

    5.  
  5. Litigation and Courts

    6.  

 Part III — Dispute Resolution Praxis and Potential 
 

     
  1. Practice and Theory — The Interface

    2.  
  2. Competences, Qualifications, Ethics and Standards in Dispute Resolution

    3.  
  3. Dispute Resolution, Law and Professional Identity

    4.

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