Efficient and effective resolution of disputes is central to civil society. However, resolution processes are subject to significant practical and policy issues. 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, the 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 distinctive and vital role of litigation is explained, 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, especially key responses such as pro bono, class actions and litigation funding with respect to court-based resolution processes.
Major drivers of change in our time, technology and globalisation, have significant ramifications for dispute resolution. The text explores the impact of technology on lawyers, litigation and alternative dispute resolution and explains the development and practice of transnational litigation and international commercial arbitration as responses to globalisation.
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.
- 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
- Authoritative and reliable content
- Contributions from eminent thought leaders in the area
Alexander, Howieson & Fox, Negotiation: Strategy, Style Skills, 3rd ed, 2015
Boulle & Field, Australian Dispute Resolution: Law and Practice, 2016
Condliffe, Conflict Management: A Practical Guide, 5th ed, 2016