Australian Dispute Resolution Law and Practice (eBook)
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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.
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only the traditional dispute resolution processes but also incorporates several new dimensions to the field, replacing outdated notions of ADR with a more appropriate presentation of the dispute resolution matrix.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.
- 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
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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
Table of contents
Part I — The Dispute Resolution Panorama
- Lawyers, Lawyering and Dispute Resolution
- The Dispute Resolution Matrix
- Shaping Australian Dispute Resolution
- Values and Goals in Dispute Resolution
- Conflicts and Disputes as Lawyers’ Business
Part II — Dispute Resolution Systems
- Processes without Independent Interveners
- Facilitated Dispute Resolution Processes
- Advisory Dispute Resolution
- Determinative Dispute Resolution
- Litigation and Courts
Part III — Dispute Resolution Praxis and Potential
- Practice and Theory — The Interface
- Competences, Qualifications, Ethics and Standards in Dispute Resolution
- Dispute Resolution, Law and Professional Identity