Australian Dispute Resolution: Law and Practice
Date of this Version
Australian Dispute Resolution provides a theoretical, coherent and accessible treatment of modern conflict management and dispute resolution in Australia. It focuses on the knowledge, skills, ethics and values that are essential for effective contemporary legal practice and fundamental to the future sustainability of the legal profession.
Dispute resolution options across the spectrum of available techniques are explained and discussed. The book covers not only the traditional dispute resolution processes but also incorporates several new dimensions to the field, replacing outdated notions of ADR with a more appropriate presentation of the dispute resolution matrix. The authors provide a new typology of different categories and individual processes of dispute resolution, supported by a refreshing rethink of the values and goals underpinning those processes.
By examining the fundamental relationship between theory and practice, the authors bring an understanding of conflict and disputes into the forefront of the legal knowledge base for lawyers for whom disputes are a primary business.
In the dynamic world of dispute resolution, the book is essential reading for practitioners, litigators, reasearchers and anyone interested in the future of law and lawering, while its scholarly and authoritative analysis will engage and inform students as a foundation for successful legal practice.
• Provides a theoretical, coherent and accessible treatment of Australian dispute resolution practice
• Links theory to practice
• Includes discussion on developing ADR areas such as collaborative law, non-adversarial lawyering, online dispute resolution and family dispute resolution
• Incorporates perspectives on indigenous dispute resolution throughout to identify context specific strategies
• Addresses the interdisciplinary elements of the theory and practice
• Includes a focus on professional identity and values
TABLE OF CONTENTS
Part I — The Dispute Resolution Panorama
1. Lawyers, Lawyering and Dispute Resolution
2. The Dispute Resolution Matrix
3. Shaping Australian Dispute Resolution
4. Values and Goals in Dispute Resolution
5. Conflicts and Disputes as Lawyers’ Business
Part II — Dispute Resolution Systems
6. Processes without Independent Interveners
7. Facilitated Dispute Resolution Processes
8. Advisory Dispute Resolution
9. Determinative Dispute Resolution
10. Litigation and Courts
Part III — Dispute Resolution Praxis and Potential
11. Practice and Theory — The Interface
12. Competences, Qualifications, Ethics and Standards in Dispute Resolution
13. Dispute Resolution, Law and Professional Identity
This document has been peer reviewed.