Home > ADR > Vol. 8 > No. 10 (2006)
Abstract
Extract:
This Part of ‘The fog has not lifted’ discusses the application of certain theories and principles regarding alleged litigant and non-litigant behaviour as developed and analysed in a US or European context. Such models may not exactly correspond to the behaviour of legal professionals or litigants in Australia. This article does not attempt to advocate for a specific approach, but rather presents one possible option of addressing the issue of a lack of objective, empirical methods and data when enacting legislation that inevitably affects a large constituency and key stakeholders such as the legal profession. To the extent that a given theory or principle may possibly be relevant, it is arguably more useful to the presumed alternative of ‘shooting in the dark’.
Recommended Citation
Lakhani, Avnita
(2006)
"The fog has not lifted – section 198J of the NSW Legal Profession Act in light of acceptable negotiation theory and principles — Part 2,"
ADR Bulletin:
Vol. 8:
No.
10, Article 5.
Available at:
http://epublications.bond.edu.au/adr/vol8/iss10/5