Resolving Civil Disputes, 2nd Edition PDF Download
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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: Michael Legg
Publisher:
ISBN: 9780409358292
Category :
Languages : en
Pages : 0
Get Book Here
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: Michael Legg
Publisher:
ISBN: 9780409344103
Category : Courts
Languages : en
Pages :
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Book Description
Author: Sonya Willis
Publisher: Cambridge University Press
ISBN: 1009234161
Category : Law
Languages : en
Pages : 921
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Book Description
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.
Author: M. Legg
Publisher:
ISBN: 9780409344097
Category :
Languages : en
Pages :
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Book Description
Author: Jay Folberg
Publisher: Aspen Publishers
ISBN: 9781454838746
Category : Compromise (Law)
Languages : en
Pages : 0
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Book Description
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Author: Feniosky Pena-Mora
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
Author: Anne Hewitt
Publisher:
ISBN: 9780455235097
Category : Dispute resolution (Law)
Languages : en
Pages : 992
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Book Description
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.
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: Nancy H. Rogers
Publisher: Aspen Publishing
ISBN: 1543805361
Category : Law
Languages : en
Pages : 651
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Book Description
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
Author: David Spencer
Publisher:
ISBN: 9780455237985
Category : Arbitration and award
Languages : en
Pages : 374
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Book Description
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.
