Mediation in Australia
Author:
Publisher:
Published: 2018
Total Pages:
ISBN-13: 9780409347364
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Australian Dispute Resolution
Author: Laurence Boulle
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9780409341850
DOWNLOAD EBOOKAustralian 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only the traditional dispute resolution processes but also incorporates several new dimensions to the field, replacing outdated notions of ADR with a more appropriate presentation of the dispute resolution matrix.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, researchers 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. Features 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 Related Titles Alexander, Howieson & Fox, LexisNexis Skills Series: Negotiation Strategy, Style, Skills, 3rd ed, 2015Boulle, Mediation: Principles, Process, Practice, 3rd ed, 2011Boulle & Alexander, LexisNexis Skills Series: Mediation Skills and Techniques, 2nd ed, 2012Condliffe, Conflict Management: A Practical Guide, 5th edition, 2016Holmes & Brown, The International Arbitration Act 1974: A Commentary, 2nd ed, Legg (ed), The Future of Dispute Resolution, 2013
Arbitration and Dispute Resolution in the Resources Sector
Author: Gabriël A. Moens
Publisher: Springer
Published: 2015-05-18
Total Pages: 268
ISBN-13: 3319174525
DOWNLOAD EBOOKThis book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
Commercial Arbitration in Australia
Author: Doug Jones
Publisher: Lawbook Company
Published: 2011
Total Pages: 626
ISBN-13: 9780455228587
DOWNLOAD EBOOKCommercial Arbitration Law in Australia provides an essential and timely guide to domestic commercial arbitration in Australia following the 2010 decision by the Standing Committee of Attorneys-General (SCAG) to enact new uniform commercial arbitration acts in each jurisdiction. The new uniform legislation uses the UNICTRAL Model Law as its basis with deviations necessary for the Australian domestic setting and has already been enacted in New South Wales. These substantive and procedural changes to Australia's existing domestic arbitration law make a new and comprehensive text on this topic essential. Commercial Arbitration Law in Australia will provide the reader with: a background to the reform process, in-depth consideration of relevant case law from around the world, as influenced by the UNCITRAL Model Law, Australian jurisprudence on arbitration law and practice, A section-by-section commentary on the new Commercial Arbitration Act 2010 (NSW), which follows the SCAG's model provisions, and discussion of alternative forms of dispute resolution. This work is a 'must have' for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student.
Managing Workplace Conflict
Author: Bernadine Van Gramberg
Publisher: Federation Press
Published: 2006
Total Pages: 260
ISBN-13: 9781862875777
DOWNLOAD EBOOK"Managing Workplace Conflict critically analyses Alternative Dispute Resolution (ADR) in Australian workplaces. It includes coverage of: various ADR techniques and the roles played by ADR practitioners in workplace conflict; the need for workplace grievance policies and the forms these can take; the suitability of ADR for various types of disputes; the effects of the Work Choices Act 2005 (Cth) on dispute resolution; and three case studies where ADR was utilised in workplace conflict and the experiences of both the human resource consultant and their clients. Managing Workplace Conflict is written against the background of a rapidly changing Australian labour market. It argues that ADR in the Australian workplace needs to be conducted with an understanding of the changed industrial relations environment and the power differences between key workplace stakeholders, as well as commitment to ethical practice and workplace justice. It presents the key concepts central to the practice of ADR in Australia and provides a practical, useable reference book for both the professional and the student." -- back cover
Multi-Tier Approaches to the Resolution of International Disputes
Author: Anselmo Reyes
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 545
ISBN-13: 1108490603
DOWNLOAD EBOOKProvides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Dispute Resolution in Australia
Author: Hilary Astor
Publisher: Butterworth-Heinemann
Published: 2002
Total Pages: 490
ISBN-13:
DOWNLOAD EBOOKThe 2nd edition of this book provides an accessible, coherent and critical treatment of dispute resolution in Australia, and been restructured to take account of the considerable changes in alternative dispute resolution (ADR). Throughout the book, dispute resolution methods are considered in a theoretical, critical and evaluative light. A range of ADR processes across a spectrum of applications is considered, with special attention given to commercial, family, discrimination and international disputes. Insights drawn from domestic and international contexts are combined in a unique way throughout the book. While having a predominantly Australian focus, appropriate comparisons from other jurisdictions are frequently made. The book locates debates surrounding ADR in the context of the politics of gender and other aspects of identity, while examining the influences of other contemporary legal theories on ADR. It considers ADR in both its social and political contexts. This book will be useful to scholars of ADR, as well as lawyers, policy-makers, practitioners and students of dispute resolution.
Enhanced Dispute Resolution Through the Use of Information Technology
Author: Arno R. Lodder
Publisher: Cambridge University Press
Published: 2010-06-03
Total Pages: 219
ISBN-13: 1139488546
DOWNLOAD EBOOKAlternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
Published: 2020-12-10
Total Pages: 313
ISBN-13: 940352863X
DOWNLOAD EBOOKInternational Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
The Mediator's Handbook
Author: Ruth Charlton
Publisher:
Published: 2004
Total Pages: 364
ISBN-13: 9780455219820
DOWNLOAD EBOOKExperienced mediators take you step-by-step through the mediation process, offering strategies to apply in particular contexts and valuable tips to help develop and enhance skills. This highly practical approach reflects in checklists, comments and casenotes throughout including shuttle negotiation and mediation.
