Resolving Civil Disputes
This unique text addresses the roles that litigation and various forms of alternative dispute resolution play in resolving civil disputes. It examines and explains current practice and policy issues surrounding dispute resolution, covering the role of the courts, dispute resolution techniques, access to justice, technology and dispute resolution and the effects of globalisation on dispute resolution. The chapters are contributed by a number of experts in this area.
Edited by Michael Legg
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Efficient and effective resolution of disputes is central to civil society. However, resolution processes are subject to significant practical and policy issues. 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, the 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 distinctive and vital role of litigation is explained, 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, especially key responses such as pro bono, class actions and litigation funding with respect to court-based resolution processes.
Major drivers of change in our time, technology and globalisation, have significant ramifications for dispute resolution. The text explores the impact of technology on lawyers, litigation and alternative dispute resolution and explains the development and practice of transnational litigation and international commercial arbitration as responses to globalisation.
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
- Authoritative and reliable content
- Contributions from eminent thought leaders in the area
Alexander, Howieson & Fox, Negotiation: Strategy, Style Skills, 3rd ed, 2015
Boulle & Field, Australian Dispute Resolution: Law and Practice, 2016
Condliffe, Conflict Management: A Practical Guide, 5th ed, 2016
Table of contents
Part 1 — Justice, Courts and Alternative Dispute Resolution
- The Distinctive Character of the Judicial Function — The Hon Justice Margaret Beazley AO
- A Broader View of Justice? — Professor Tania Sourdin
- The Vitality of Litigation — Michael Legg and Sera Mirzabegian
- The Relationship Between the Courts and Alternative Dispute Resolution —The Hon Michael Black AC QC
Part 2 — Litigation and the Courts
- Dealing with Cost and Delay — The Hon Justice David Hammerschlag
- Pleadings — Greg Curtin SC
- Just(,) Quick and Cheap? Contemporary approaches to the management of expert evidence — Professor Gary Edmond and Mehera San Roque
- Express justice: summary disposal and expedition — Brenda Tronson
- Legal Costs Assessment in New South Wales — Steve Shaw
Part 3 — Alternative Dispute Resolution
- Changing Dispute Culture: The Civil Dispute Resolution Act 2011 (Cth) — Jeremy Gormly SC
- Mediation Process: Preliminary Conferences and Position/Interest Papers — Rosemary Howell
- Preparing the Client for Mediation — Rosemary Howell and William Nicholls
- Advocacy at Mediation: An Oxymoron or an Essential Skill for the Modern Lawyer? — Robert Angyal SC
- Ethics and Negotiation — Justine Rogers
- The Choice Between Litigation and Arbitration — The Hon Kevin Lindgren QC
Part 4 — Access to Justice
- Law for Disadvantaged People — Geoff Mulherin
- Indigenous Dispute Resolution — Professor Megan Davis
- Pro Bono Assistance for Resolving Civil Disputes — John Corker
- Class actions — Lachlan Armstrong QC
- Litigation Funding — Wayne Attrill
- Lawyers and Litigation: A Pathway Out to Wealth and Fame? — The Hon Ronald Sackville AO
Part 5 — Technology and Dispute Resolution
- Lawyers, Technology and Dispute Resolution — Michael Williams
- New Sources of Discovery and Evidence: Electronically Stored Information, Social Media and the Internet of Things — Michael Legg
- Online Dispute Resolution — Alan Limbury
Part 6 — Globalisation
- Beyond Borders - An Introduction to Transnational Litigation — Michael Legg
- An Introduction to International Arbitration — Georgia Quick and Adam Firth