Civil dispute resolution: themes and theory

Research output: Book/ReportBookpeer-review

Abstract

Civil Dispute Resolution: Balancing Themes and Theory develops an original framework, based on balancing competing objectives of dispute resolution, to explain the many complex aspects of resolving disagreements between private parties.

The 4 balancing themes in the book provide a comprehensive framework which addresses the intricate and symbiotic relationship between civil procedure and alternative dispute resolution (ADR). The book guides its readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceeding through to judgment and enforcement. Chapters apply the balancing themes to demystify the resolution of civil disputes including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, trial preparation and attendance, and enforcement.

The research in Civil Dispute Resolution: Balancing Themes and Theory encompasses every Australian state and territory to provide a thorough analysis of resolving civil disputes in Australia.
Original languageEnglish
PublisherCambridge University Press
Number of pages512
ISBN (Print)9781316606346
Publication statusAccepted/In press - 2021

Keywords

  • civil dispute resolution
  • civil procedure
  • alternative dispute resolution
  • litigation
  • access to justice
  • evidence
  • legal costs
  • legal privilege
  • procedural fairness
  • due process
  • administration of justice
  • court
  • tribunal
  • mediation
  • negotiation
  • arbitration
  • discovery
  • subpoena
  • interrogatory

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