The Future of Dispute Resolution (eBook)

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"Chief Justice Bathurst launches new book, 'Future of Dispute Resolution' edited by Michael Legg"
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Effective and just dispute resolution mechanisms are important to corporations, government and individuals. A widening range of dispute resolution mechanisms are developing so that litigation or judicial determination of a dispute are no longer the primary methods of dispute resolution.

The Future of Dispute Resolution provides readers with a greater understanding of the alternatives to litigation, the continuing need for litigation in certain circumstances and how dispute resolution processes may develop in the future. The book takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of dispute resolution procedures.

Important practical questions are discussed, such as matching dispute resolution processes with disputes, court reforms, the future role of the judge, the provision of access to justice through class actions, litigation funding and pro bono, the role of lawyers in alternative dispute resolution processes, the future options for international dispute resolution and reform of civil procedure through international comparisons.

The chapters are written by leading judges, legal practitioners and academics. It is a valuable resource for practitioners and students seeking to understand the future role of litigation and practical alternatives to it.

Table of Contents

Dispute Resolution in the Next 40 Years
1. Changes
2. The Future of Dispute Resolution: Access to Justice, the Role of the Courts and Internationalisation
3. Civil Justice in an Uncivil World
4. Dispute Resolution in the Next 40 Years - Revolution or Repertoire?
The Future Role of the Courts
5. The Future Role of the Judge - Umpire, Manager, Mediator or Service Provider?
6. Reforming Discovery
7. Electronically Stored Information and Social Media: Implications for Discovery and Evidence
8. Just(,) Quick and Cheap: Do We Need More Reliable Expert Evidence in Civil Proceedings?
The Future of Alternative Dispute Resolution
9. The Relationship between the Courts and Alternative Dispute Resolution
10. 'What's the Problem?' Choosing an Optimal ADR Process for Resolution of Conflict
11. A Change in Dispute Culture: The Civil Dispute Resolution Act 2011
12. The Continuing Role for Litigation
Mediation 13. Mediation Process: Preliminary Conferences and Position/Interest Papers
14. Advocacy at Mediation: An Oxymoron or an Essential Skill for the Modern Lawyer?
Access to Justice
15. A Broader View of Justice
16. The Future of Litigation Funding in Australia
17. ADR and Class Actions Compared
18. Lawyers and Litigation: A Pathway out to Wealth and Fame?
19. The Future of Pro Bono
International and Domestic Arbitration
20. The Choice between Litigation and Arbitration
21. Australia and the Future of Investor - State Arbitration
22. International Commercial Arbitration and Civil Justice
Comparative Civil Procedure
23. Comparative Civil Procedure: Opportunities and Pitfalls
24. Pointers to Effective Civil Justice Reform in NSW - Opportunities to Learn from German Civil Procedure
Dispute Resolution Education
25. Dispute Resolution and Experiential Learning
26. Teaching Complex Civil Litigation with Real-Life Case Studies


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