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.
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
• 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
Related Titles
• Boulle, Mediation and Conciliation in Australia: Principles Process Practice, 2023
• Field, Australian Dispute Resolution, 2022
• Lethbridge et al, Civil Litigation: Strategy and Practice, 2023
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
Michael Legg is a Professor at UNSW Law & Justice, Australia. His research covers a diverse range of areas in civil dispute resolution from both a doctrinal and a policy perspective, including case management, alternative dispute resolution, class actions, regulatory litigation include the impact of technology and innovation on dispute resolution, access to justice and the legal profession.
Michael is a member of the Australian Academy of Law, the Federal Court of Australia’s Class Action Users’ Group and the Law Council of Australia Class Actions Committee.