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’.
"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
, Article 5.
Available at: http://epublications.bond.edu.au/adr/vol8/iss10/5