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Resolving Civil Disputes, 2nd Edition

Resolving Civil Disputes, 2nd Edition
Author: Michael Legg
Publisher:
Total Pages: 0
Release: 2023-12-03
Genre:
ISBN: 9780409358292

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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


Resolving Civil Disputes

Resolving Civil Disputes
Author: Michael Legg
Publisher:
Total Pages:
Release: 2016
Genre: Courts
ISBN: 9780409344103

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Resolving Civil Disputes

Resolving Civil Disputes
Author: M. Legg
Publisher:
Total Pages:
Release: 2016-11-04
Genre:
ISBN: 9780409344097

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Civil Dispute Resolution

Civil Dispute Resolution
Author: Sonya Willis
Publisher: Cambridge University Press
Total Pages: 921
Release: 2021-12-13
Genre: Law
ISBN: 1009234161

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Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.


Alternatives to Litigation

Alternatives to Litigation
Author: Andrea Doneff
Publisher: Aspen Publishing
Total Pages: 307
Release: 2014-07-17
Genre: Law
ISBN: 163281403X

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Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.


Ethical Resolution of Civil Disputes

Ethical Resolution of Civil Disputes
Author: Anne Hewitt
Publisher:
Total Pages: 0
Release: 2023
Genre: Civil procedure
ISBN: 9780455247274

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A process to ensure the just and efficient resolution of civil disputes is critical in our society. Ethical Resolution of Civil Disputes: South Australian Theory and Practice Second Edition centres on the elements that facilitate this, using South Australia as an illustrative case study. However, recognising that our society is increasingly mobile, that disputes arise across borders and that individuals move jurisdictions, this text also highlights the generic principles that underpin civil procedural theory across Australia. This ensures that the analysis transcends State and Territory boundaries, and will be of relevance around Australia. The text engages in a practical and critical analysis of the way court rules operate, and focuses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients. The text encourages students and practitioners to work adaptively within a rules-based system. This active and functional approach ensures that the analysis can be transferred to the resolution of civil disputes across jurisdictions and professional contexts, as well as into a future which will inevitably involve substantial change. The text considers diverse aspects of dispute resolution theory, practice and skills, both within and outside the court system. It includes a critical focus on Alternative Dispute Resolution in order to equip students with integrated insight into the dynamics of dispute resolution and ethical practice in the modern professional world. This edition also incorporates a variety of practice-based exercises which facilitate application of the principles expounded within the text. These exercises enable development and enhancement of capacity to apply the theories and knowledge required for ethical resolution of civil disputes, as well as the professional legal skills that entails."--Back cover.


Dispute Resolution & Ethics - Adelaide University: to 49; Pages:50 to 98; Pages:99 to 147; Pages:148 to 196; Pages:197 to 245; Pages:246 to 294; Pages:295 to 343; Pages:344 to 392; Pages:393 to 441; Pages:442 to 490; Pages:491 to 539; Pages:540 to 588; Pages:589 to 637; Pages:638 to 686; Pages:687 to 735; Pages:736 to 784; Pages:785 to 833; Pages:834 to 882; Pages:883 to 931; Pages:932 to 980; Pages:981 to 992

Dispute Resolution & Ethics - Adelaide University: to 49; Pages:50 to 98; Pages:99 to 147; Pages:148 to 196; Pages:197 to 245; Pages:246 to 294; Pages:295 to 343; Pages:344 to 392; Pages:393 to 441; Pages:442 to 490; Pages:491 to 539; Pages:540 to 588; Pages:589 to 637; Pages:638 to 686; Pages:687 to 735; Pages:736 to 784; Pages:785 to 833; Pages:834 to 882; Pages:883 to 931; Pages:932 to 980; Pages:981 to 992
Author: Anne Hewitt
Publisher:
Total Pages: 992
Release: 2014
Genre: Dispute resolution (Law)
ISBN: 9780455235097

Download Dispute Resolution & Ethics - Adelaide University: to 49; Pages:50 to 98; Pages:99 to 147; Pages:148 to 196; Pages:197 to 245; Pages:246 to 294; Pages:295 to 343; Pages:344 to 392; Pages:393 to 441; Pages:442 to 490; Pages:491 to 539; Pages:540 to 588; Pages:589 to 637; Pages:638 to 686; Pages:687 to 735; Pages:736 to 784; Pages:785 to 833; Pages:834 to 882; Pages:883 to 931; Pages:932 to 980; Pages:981 to 992 Book in PDF, ePub and Kindle

Dispute Resolution and Ethics (2nd edition) conceptualises civil dispute resolution as a dynamic process integrating skills for alternative dispute processes and ethical conduct within litigation. It explores the multi-faceted role of lawyers in advancing their clients' interests in the context of the broader ethical duty to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for strategic and ethical approach to civil practice and dispute resolution for future practitioners. The 2015 edition incorporates significant 2014 amendments to the S.


Conflict and Resolution

Conflict and Resolution
Author: Barbara A. Nagle-Lechman
Publisher: Aspen Publishing
Total Pages: 224
Release: 2008
Genre: Arbitration and award
ISBN:

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Conflict and Resolution, Second Edition, provides students with a working knowledge of the major forms of dispute resolution. Through the use of hands-on exercises and role-playing scenarios, theory is put into practice allowing students to translate lessons learned into true to life situations. This newly revised text offers the following: provides an overview of negotiation, mediation, and arbitration in a short, accessible book well-designed pedagogyfor the paralegal students, including chapter summaries and exercises designed to engage students in application of what they have learned includes role-plays to allow students to experience how the theories of dispute resolution are used in practice ethical issues thoroughly covered The Second Edition offers: an even clearer presentation of the three major approaches to mediation: facilitative, evaluative, and transformative on-line negotiation and mediation will be included new topics including restorative justice and victim-offender mediation expanded materials on arbitration chapter on Conflict has been expanded to include different conflict styles


Principles of Dispute Resolution

Principles of Dispute Resolution
Author: David Spencer
Publisher:
Total Pages: 374
Release: 2016
Genre: Arbitration and award
ISBN: 9780455237985

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Principles of Dispute Resolution 2nd edition has been revised to provide up-to-date commentary on the development of the law. In particular, the text focuses on the new and amended legislation in both State and federal jurisdictions, along with the developing case law on dispute resolution. Topics covered by this work include -- What is dispute resolution? -- Negotiation -- Mediation -- Arbitration -- Additional dispute resolution processes such as: conciliation; partnering; dispute review advisers and boards; and adjudication, appraisals and determinations -- Jurisdictional hybrids of dispute resolution such as: collaborative law; restorative justice; combined processes; and online dispute resolution -- Statutory dispute resolution schemes -- Legal issues such as: confidentiality; privilege; immunity; enforceability of settlement agreements; and enforceability of dispute resolution clauses in contracts -- Ethics and standards -- The future of dispute resolution.


Designing Systems and Processes for Managing Disputes

Designing Systems and Processes for Managing Disputes
Author: Nancy H. Rogers
Publisher: Aspen Publishing
Total Pages: 651
Release: 2018-12-03
Genre: Law
ISBN: 1543805361

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Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts