Australian Dispute Resolution
Authoritative and comprehensive coverage of Australian dispute resolution theory and practice
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Australian Dispute Resolution provides a theoretical, coherent and accessible treatment of modern conflict management and dispute resolution (DR) in Australia. It focuses on the knowledge of practice, values, skills and ethics that are essential for effective contemporary DR and legal practice, and that are also fundamental to the future sustainability of the legal profession. DR options across the matrix of available approaches are discussed and analysed. The book also incorporates several new dimensions into contemporary thinking about Australian DR, offering insights into the development of its future theory and practice.
In the dynamic world of DR, this book is essential reading for DR practitioners, litigators, researchers and anyone interested in the future of DR, law and lawyering, while its scholarly and authoritative analysis will engage and inform students as a foundation for successful future practice as dispute resolvers.
• 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
• Boulle & Field, Mediation in Australia, 2018
• Boulle & Alexander, Mediation: Skills and Techniques, 3rd ed, 2020
• Condliffe, Conflict Management: A Practical Guide, 6th ed, 2019
Table of contents
- Part I Dispute Resolution in Australia
- Ch 1 Dispute Resolution, Lawyers and Lawyering
- Ch 2 Understanding Conflict and Disputes
- Ch 3 The Dispute Resolution Matrix
- Ch 4 The Dispute Resolution (DR) Processes on the DR Matrix
- Ch 5 Values and Goals in Dispute Resolution
- Ch 6 A Short History of Australian Dispute Resolution
- Part II Key Dispute Resolution Systems: Theory, Practice and Variations
- Ch 7 Negotiation
- Ch 8 Mediation
- Ch 9 Conciliation
- Ch 10 Expert Determination and Arbitration
- Ch 11 Litigation
- Part III Dispute Resolution Praxis and Potential
- Ch 12 Elements of Effective Dispute Resolution Practice
- Ch 13 Competence and Ethics in Dispute Resolution
- Ch 14 Dispute Resolution and a Positive Professional Identity