ETHICAL RESOLUTION OF CIVIL DISPUTES PDF Download
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Author: MARGARET & HEWITT CASTLES (ANNE.)
Publisher:
ISBN: 9780455244464
Category :
Languages : en
Pages :
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Book Description
Author: MARGARET & HEWITT CASTLES (ANNE.)
Publisher:
ISBN: 9780455244464
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Anne Hewitt
Publisher:
ISBN: 9780455247274
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
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.
Author: MARGARET CASTLES;ANNE HEWITT.
Publisher:
ISBN: 9780455244471
Category :
Languages : en
Pages : 400
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Book Description
This text centres on the elements that facilitate this, using South Australia as an illustrative case study. However, recognising that many law graduates will work away from their jurisdiction of study, this text focusses on the generic principles that underpin civil procedural theory across Australia.
Author: Margaret Castles
Publisher:
ISBN: 9780455233208
Category : Civil law
Languages : en
Pages : 954
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Book Description
"This textbook presents civil dispute resolution as a dynamic process, integrating skills for alternative dispute resolution and ethical conduct within litigation. It explores the nuanced role or lawyers in advancing their clients' interests in the context of their broader duties to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for a strategic and ethical approach to civil practice and dispute resolution." --Back cover.
Author: Phyllis Bernard
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.
Author: Michael Legg
Publisher:
ISBN: 9780409358292
Category :
Languages : en
Pages : 0
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Book Description
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
Author: Margaret Castles
Publisher:
ISBN: 9780455240756
Category : Dispute resolution (Law)
Languages : en
Pages : 562
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Book Description
Recognising that many graduates will work away from their jurisdiction of law study, this text focusses on the generic principles that underpin civil procedural theory across Australia. Using the SA procedural experience, the text engages students in a practical and critical understanding of the way court rules operate, in a dynamic environment. The text focusses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients.
Author: Rachael Field
Publisher: Edward Elgar Publishing
ISBN: 1786437783
Category : Law
Languages : en
Pages : 264
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Book Description
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author: Society of Professionals in Dispute Resolution (U.S.). Conference
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 176
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Book Description
Author: Jay Folberg
Publisher: Aspen Publishing
ISBN: 1543809081
Category : Law
Languages : en
Pages : 804
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
