Alternative Dispute Resolution Law & Lawyers

Alternative Dispute Resolution (Also known as ADR) provides a voluntary alternative to the accepted practice of using the courts to settle civil disputes. The principle forms of ADR are adjudication, arbitration, conciliation and mediation. The best known and most commonly used forms of ADR in Australia are arbitration and mediation but adjudication is rapidly becoming established as a valued method of settling disputes quickly, fairly and cheaply.

It has become popular in some quarters, in particular lawyers and mediation service providers, to regard conciliation, negotiation and mediation alone as ADR. For these people a negotiated settlement is an alternative to having a dispute brought to an end by a third party such as an adjudicator, an arbitrator or a judge. This narrow definition ignores the significance of the voluntary aspect of private dispute settlement and the role that is played in all forms of ADR processed by experts and professionals outside the legal profession.

Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form.

Civil Disputes : These are disputes between private individuals and or organisations in respect of differences about the parties' respective legal rights and interests. Some legal rights are inherent, such as personal safety, ownership of property, personal integrity and reputation whilst other rights arise out of agreements. The difference or dispute is likely to centre around a failure by one person to perform legal duties owed to another which result in harm to the legal interests of that other person.

The principal categories of civil dispute involve claims founded in the law of contract, the law of tort which is concerned in particular with accidents and professional negligence, breaches of trust and the redistribution of shared property following the break up of relationships. Insurance, the construction and maritime industries and employers are the most common users of ADR processes.

Where ADR is not applicable : ADR is not available for criminal cases which are dealt with by and on behalf of the State before the Criminal Courts. Public Law disputes between individuals and the State, for example a complaint that an application for planning permission has not been dealt with properly by a planning and development licensing authority, are normally dealt with by specialist decision making bodies such as administrative tribunals which whilst distinct from the courts remain part of the State Judicial Machinery. Often the decision making body may be called an adjudicator or an arbitrator but since the decision making process is not voluntary, despite the similarity in name, the process is not part ADR. However, where the organs of state engage in the same type of activities as ordinary people and organisations, such as driving vehicles and business agreements, resultant disputes are civil and can be disposed of by either the civil courts or ADR.

Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form.

The main types of alternative dispute resolution are as follows:

Ombudsmen

Ombudsmen investigate and resolve complaints about public and private organisations. They also encourage good practice in the way complaints are handled by organisations and government bodies. The majority of recognised ombudsman schemes are set up by statute; others are voluntary non-statutory schemes set up on the initiative of the service sectors concerned. For example, services provided by insurance companies, banks and building societies are all covered by the Financial Ombudsman Service (FOS).

Conciliation

Conciliation involves an impartial third party helping the people in dispute to resolve their problem. The parties are free to agree to the resolution or not. In consumer disputes, conciliation is the first stage in the arbitration process and the conciliator is usually a member of the trade association.

Should you wish to be legally represented at a conciliation, then please complete your free legal enquiry form to be put in contact with a lawyer who is ready, willing and able to represent you at a conciliation.

Mediation

Mediation involves an independent third party helping disputing parties to resolve their dispute. The disputants, not the mediator, decide the terms of the agreement. The mediator has an important role, however, in 'reality testing' any agreement, ie in checking carefully that the parties are able to do what they agree to do.

Should you wish to be legally represented at a mediation, then please complete your free legal enquiry form to be put in contact with a lawyer who is ready, willing and able to represent you at a mediation.

Mediation is now widely recognised in the UK and Europe as the most popular form of alternative dispute resolution as it offers solutions beyond those that a court could ordinarily impose. It is increasingly used in commercial, personal injury and clinical negligence cases.

Family mediation helps those involved in family breakdown to communicate better with one another and reach their own decisions about children, property and finance.

Arbitration

In arbitration an independent, impartial third party hears both sides in a dispute and makes a decision to resolve it. In most cases the arbitrator's decision is legally binding on both sides, so it is not possible to go to court if you are unhappy with the decision.

Arbitration is in many ways an alternative form of court with procedural rules which govern issues such as disclosure of documents and evidence. But arbitration is private rather than public. Hearings are less formal than court hearings, and some forms of arbitration do not involve hearings but are decided on the basis of documents only.

Should you wish to be legally represented at a arbitration, then please complete your free legal enquiry form to be put in contact with a lawyer who is ready, willing and able to represent you at a arbitration.

Adjudication

Adjudication involves an independent third party considering the claims of both sides and making a decision. The adjudicator is usually an expert in the subject matter in dispute. Adjudicators are not bound by the rules of litigation or arbitration. Their decisions are often interim ones, ie they can be finalised using arbitration or another process. Adjudication decisions are usually binding on both parties by prior agreement.

In relation to construction contracts, adjudication is a statutory procedure by which any party to the contract has a right to have a dispute decided by an adjudicator, normally used to ensure payment. It is intended to be quicker and more cost effective than litigation or arbitration. T

Adjudication is also sometimes used to describe a non-specific alternative dispute resolution process in which a third party makes a decision as to the best way to resolve the dispute. In this sense, ombudsmen, arbitrators and judges are all types of adjudicators.

Early neutral evaluation

In early neutral evaluation (ENE) an independent third party considers the claims made by each side and gives an opinion, either on the likely outcome or on a particular point of law. The opinion is non-binding; the parties can use it if they wish in considering how they want to proceed with their case. The opinion can be the basis for settlement. ENE can be particularly valuable to get an opinion on a point of law or to get a more realistic view of the chances of success at trial.

Expert determination

In expert determination, an independent third party considers the claims made by each side and issues a binding decision. The third party is usually an expert in the subject of the dispute and is chosen by the parties, who agree at the outset to be bound by the expert's decision. It can be most suitable for determining technical aspects of a complex dispute. Expert determination is also a process of adjudication (see above), and parties agree at the outset to be bound by the expert's decision.

Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form.

 

Further Resources - Alternative Dispute Resolution Law & Lawyers

 

Alternative Dispute Resolution Law & Lawyers News

News & Further information - Alternative Dispute Resolution Law & Lawyers

What is alternative dispute resolution?

Alternative dispute resolution (ADR) is any type of procedure or combination of procedures voluntarily used to resolve issues in controversy.

The main types of alternative dispute resolution used in consumer disputes are ombudsman service, conciliation, mediation and arbitration and are usually provided by trade associations. Other types of ADR used in commercial disputes include adjudication, early neutral evaluation and expert determination.

Parties who decide to use alternative dispute resolution to settle their dispute can select a method and a provider of their own choosing, depending on the source of the dispute. While ADR is not usually compulsory, clauses providing for ADR in contracts are binding as long as they are specific. The Civil Procedure Rules provide for the judiciary to encourage the use of ADR in appropriate cases. However the extra-judicial procedures are not themselves governed by statute except for a number of Ombudsman Schemes and arbitration schemes which have been established by Act of Parliament.

Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form.

It is not obligatory to seek legal advice when using alternative dispute resolution, but it is advisable. It is also advisable to ensure that any ADR provider used has accreditation and carries indemnity insurance. Any particular terms you require, such as confidentiality clauses, should be agreed between the parties and the ADR provider at the outset before undertaking ADR.

Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form.

 

 

Alternative Dispute Resolution Law & Lawyers Updates

Power Imbalances in Mediation: A student note by Amrita Narine

Sat, 11 Feb 2017 22:23:21 +0000

By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios. Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances. This paper will explore the usefulness of mediation when dealing with an imbalancedRead more

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“Son be a Dentist:” Restorative Justice and the Dalhousie Dental School Scandal by Annalise Acorn

Fri, 02 Oct 2015 15:42:48 +0000

The symposium on the theory and application of restorative justice held by the Harvard Negotiation Law Review in February prompted a renewed look at restorative justice not merely as a new method of achieving a familiar understanding of justice but as a new theory of justice itself.

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Negotiating the Non-Negotiable: National Security & Negotiation

Mon, 27 Apr 2015 19:30:58 +0000

It requires little reflection to recognize that the word “terror” has saturated popular and academic discourse. This newly prominent yet age-old form of warfare has redefined the modern legal landscape on a domestic and international level, while simultaneously striking fear in the hearts of millions.

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Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration

Tue, 21 Apr 2015 17:20:56 +0000

There is a hole in our arbitral system. Despite being among the most efficient and prevalent means of resolving commercial disputes, and one generally favored by courts, arbitration is dangerously susceptible to the problem of nonpayment.

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Bargaining in the Shadow of the “Law?” — The Case of Same-Sex Divorce

Mon, 09 Mar 2015 19:38:23 +0000

In November 2003, in a 4-3 decision, the Massachusetts Supreme Judicial Court held that Hillary and Julie Goodridge, a same-sex couple, were entitled to marry.

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Symposium 2015 Recap

Wed, 04 Mar 2015 14:19:33 +0000

Our Symposium on February 28, 2015 discussing Restorative Justice was a success! Thank you to all of our wonderful speakers and attendees. Please see the Symposium 2015 page to see recaps and videos from each of the panels and the opening, afternoon, and keynote address.

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HNLR Student Note Competition

Thu, 05 Feb 2015 16:27:14 +0000

The Harvard Negotiation Law Review (HNLR) invites you to participate in our inaugural student note competition. Entrants are invited to write about any topic related to Alternative Dispute Resolution, including negotiation, mediation, arbitration, dispute systems design, conciliation, restorative justice, and facilitation.

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Exploring Identity at Harvard Law

Tue, 28 Oct 2014 16:00:36 +0000

The first year of study at Harvard Law School has been portrayed in different ways ranging from the comical Legally Blonde to the less cheery Paper Chase.

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Eyes off the Runway: How to Prevent Piracy in Fashion

Mon, 06 Oct 2014 17:03:32 +0000

Fashion is an ubiquitous force in daily life. What to wear—and certainly what not to—is a deliberate choice for most individuals—a choice that inevitably forms a part of one’s identity.

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An Introduction to The Advocates and the Work of Professor Roger Fisher: A Prequel to the Program on Negotiation

Thu, 13 Mar 2014 06:17:27 +0000

Before Roger Fisher founded the Program on Negotiation at Harvard Law School, he was nationally recognized for having created an award-winning public affairs television show, The Advocates, which aired on the Public Broadcasting System.

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These news come from Harvard Negotiation Law Review.

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Duty Lawyer Team. Youth Law Team. Director. Criminal Law. Maureen Kavanagh. Family Grants Team. Family Court Services. Alternative Dispute. Resolution ..


Questions - National Alternative Dispute Resolution Advisory Council


2.1 To what extent is there a need for greater consistency in the use of ADR terms? .. affect consumers and referral to ADR processes by courts, lawyers and others? .. Only courts can enforce legal rights by deciding disputes according to law.


SHOULD JUDGES BE MEDIATORS?


concept of alternative dispute resolution ("ADR") was unheard of. ... and lawyers; and, thirdly, the way that law students are educated.


'Setting an example: Alternative Dispute Resolution and ...


1. 'Setting an example: Alternative Dispute Resolution and. Government'. The Hon. John Hatzistergos MLC,. Attorney General for New South Wales ..


Mediation in divorce - Family Matters - Journal article - Australian ...


by I Wolcott - Mediation is considered an alternative way to resolve disputes and to reduce conflict. .. Attorney- General's Department to provide family/couple mediation services. .. Mediators are men and women with family law or family and relationship ..


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NADRAC hosts the fourth National ADR Research Forum .. On 4 November 2009 the Attorney-General, the Hon Robert McClelland MP, launched .. 110 representatives from various government departments, agencies and private law firms.


Annual Report 1999-2000 - NADRAC


Council has also considered the role of ADR in the proposed Administrative Review Tribunal, .. advice to the Commonwealth Attorney-General on policy issues relating to ADR. .. Professor Laurence Boulle Professor of Law, Bond University ..


Self- represented people


Legal Aid now provides a duty lawyer service to almost every town in WA where a .. The duty lawyer can also guide people to alternative dispute resolution ..


find LEGAL answers - Courts and Tribunals » Representing yourself ...


Online; In your public library; Lawyers' Tools .. About: Discusses types of disputes, commencing proceedings, alternate dispute resolution, and ..


Attorney-General's Department Annual Report 2010-2011


providing advice on international human rights law and its domestic ... Attorney-General and promoting alternative dispute resolution.


Legal Liaison Group Court ADR Pilot


Discussion occurred on the potential structure for the ADR. It was recognised by plaintiff lawyers that there had been continual improvement in the 120 day ..


MEDIATION IN HONG KONG: THE WAY FORWARD ...


within the legal profession and the community with lawyers now promoting the use of ADR .. Australia, the Law Council of Australia also has a very active ADR ..


Australian Law Graduates' Career Destinations


by S Vignaendra - 1998 - The Large Firm Lawyer. 105. The Small Firm .. The Corporate Lawyer. 110 .... (e.g. alternative dispute resolution) were found to be frequently used by private ..


find LEGAL answers - Courts and Tribunals » Courts


Online; In your public library; Lawyers' Tools .. and state court systems, the Tribunal system, as well as alternative dispute resolution measures, ..


ADR and a different approach to litigation ______ Law Institute of ...


by RC Melbourne - 2009 3 commitment to ADR. It will enable all involved in litigation – judges, lawyers and government and court staff to pledge to a simple proposition: ..


Lawlink NSW: Appendix A - Submissions Received


Law Institute of Victoria (LIV). Lawyers Engaged in Alternative Dispute Resolution (LEADR). Community Dispute Resolution Service, Lismore ..


Advantages of alternative dispute resolution - Law Handbook


Advantages of alternative dispute resolution. Sometimes people become involved in disputes which, although very important and worrying to ..


AAT Members' speeches and papers


Alternative Dispute Resolution in the Administrative Appeals .. the Law Institute of Victoria 2007 Government Lawyers Conference, Melbourne ..


A Framework for ADR Standards A Framework for ADR Standards


A Framework for ADR Standards is a report to the Commonwealth Attorney- .. schemes, primary dispute resolution in family law, ADR through courts and ..


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Litigation, Alternative Dispute Resolution, Intellectual Property and Trademark Law, Commercial and Corporate Law,. Arbitration and Conciliation, Administrative ..


A Strategic Framework for Access to Justice in the Federal Civil ...


external dispute resolution and ombudsmen.  administrative law remedies.  family dispute resolution services.  ADR, including mediation, negotiation and ..


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the use of court-based and community alternative dispute resolution schemes .... dispute resolution in family law: A report to the Attorney-General on Part 5 of ..


Annual Report - National Alternative Dispute Resolution Advisory ...


the role of lawyers and other professional advisers in alternative dispute .... Primary Dispute Resolution in Family Law: A Report to the Attorney-General on Part ..


International Commercial Dispute Resolution - Professional ...


IAMA is a national professional organisation for ADR practitioners .. The Law Council of Australia is the peak national body representing the legal .. Originally formed as an organisation for lawyers engaged in ADR, it now ..


Employment Opportunities - Graduate Program - Legal Aid


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Section 3: Alternative Dispute Resolution


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Lawyers - Australian Embassy


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Mediation - Supreme Court : Lawlink NSW


It is an alternative to having a Judge make a decision after a contested hearing .. that is inadmissible), and determining how the law applies to the case. .. In mediation, the options that can be explored to resolve the dispute are often .. a hearing fee that is separate to the fees charged by a party's lawyers.


ENCOURAGING ACCESS TO JUSTICE THROUGH ALTERNATIVE ...


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MODEL OF AN INTEGRATED


by P Kerin - Notwithstanding the changes in terminology of the Family Law Reform Act 1995, the ... The ADR 1 conferences are chaired by a trained mediator and deal with .. These changes have led to practitioners in many areas (registrars, lawyers, ..


Introduction | ALRC - Australian Law Reform Commission


22.9 In addition to being relevant to different participants in the family law system, .. See R McClelland (Attorney-General), Integrity of ADR Processes: Terms of ..


Construction Law Conference 22 May 2008


by GT Pagone - ADR (Alternative Dispute Resolution), PAP (Pre Action Protocol) etc. 5. "State budget 2008", from the Deputy Premier and Attorney-General, 6 May 2008. 6 ..


Legal assistance


The Department of the Attorney General's Directory of Services for Victims of Crime is .. Immigration Service; Youth Law Unit; Alternative Dispute Resolution Unit ..


Pages - Letters of Advice - Attorney-General's Department


This joint Letter of Advice by the National Alternative Dispute Resolution Advisory Council and the Family Law Council on the requirement for immunity for family ..


A Framework for ADR Standards A Framework for ADR Standards


the role of lawyers and other professional advisers in alternative dispute resolution; .. including ADR agencies, law societies and bar associations, professional ..


Advantages and Disadvantages of the Adversarial System in Civil ...


in the common law world multiple forms of procedure and institutional arrangements .. 'reliance on lawyers' integrity'.1 In this stereotype, the parties are responsible ... the use of alternative dispute resolution techniques, and some now have, ..


Ministerial responsibilities of the Attorney-General - Directory.gov.au


The Attorney-General is the first law officer of the Commonwealth of Australia. .. include: administrative law, alternative dispute resolution, bankruptcy law, ..


USE OF ADR IN NEW SOUTH WALES AND IN THE LAND AND ...


its 2009 Review (pp 18-20), but also in the Attorney General's .. ADR in the sense of alternative DR has been part of the LEC from its birth. .. common law, have long debated how they might better address the resolution of ..


Annual Report 2009-10 Performance Reports - Outcome 1


Payments for services under the Family Law Act 1975 and the Child Support ... The Attorney-General introduced the Civil Dispute Resolution Bill 2010 .. using alternative dispute resolution in the federal civil justice system.


ATTORNEY GENERAL'S DIVISION


Maureen Tangney has been managing legal policy areas in the Attorney General's .. Use ADR to remove from the court system those matters that have a good ... Advice to government on law, justice and legal reform to enable the law to be ..


When not to use alternative dispute resolution - Law Handbook


Alternative Dispute Resolution (ADR) works best when people in dispute are .. Where one or both people are not prepared to do this, ADR.


Submission from Shoalcoast Community Legal Centre Integrity of ...


Whilst our Centre is supportive of the availability of ADR we do not believe it .. Even if there was a shift to more lawyer assisted mediation in Federal court and ..


National Alternative Dispute Resolution Advisory Council Annual ...


expert advice to the Attorney-General on the development of high quality, economic and .... alternative dispute resolution, family law, legal assistance, native ..


FOR TODAY'S LAW STUDENTS - THE PROFESSION YOU ARE ...


"In many cases, a lawyer sees himself as the aggressive gladiatorial fighter for his .. Alternative dispute resolution is increasingly being used to divert cases from ..


Self-represented Litigants 2.10 - Law Reform Commission of WA


assistance either because they cannot afford a lawyer or because no legal .. alternative dispute resolution options and various services to provide assistance ..


5.1 Preparing for ADR - National Alternative Dispute Resolution ...


The reference to NADRAC regarding the Statement of National ADR principles .. NADRAC prepared an interim report in response to the Attorney-General's .. of the core principles relevant to different ADR processes may assist policy and law ..


General comments on the paper - National Alternative Dispute ...


federal civil justice system [including ADR] and takes a holistic approach to the system when .. A similar conclusion was reached by the Family Law .. lawyers' move towards the adoption of less adversarial approaches to dispute resolution'.


A N N U A L R E P O R T L E G A L A I D - Legal Aid


Alternative Dispute Resolution Unit. 38 .. an extensive Family Court Duty Lawyer service. ... Lawyer service, Legal Advice appointments and other forms ..


Department of Justice - Policy Coordination - Construction Contracts ...


He was Deputy Chairman of the Building Disputes Committee (WA) (now .. Scott is an experienced, practical dispute resolution lawyer. .... to resolve disputes using primary and alternative dispute resolution processes and ..


Dispute Management in Australian Government Agencies


Australian Government: Attorney-General's Department Achieving a Just and Secure Society .. National Alternative Dispute Resolution Advisory Council .. The Administrative Law Policy Guide helps policy‑makers to ..


Alternative Dispute Resolution in the Civil Justice System Issue ...


2.1 To what extent is there a need for greater consistency in the use of ADR terms? .. matters get to the stage where other professional such as lawyers are called in. .... Dispute resolution education should not be confined to law courses.


A Strategic Framework for Access to Jutice in the Civic Justice ...


Administrative law disputes 37 .. Use of ADR by the Commonwealth 112. ADR .. ADR 170. Duty Lawyers and advice services at courts 171. Legal Assistance ..


International Commercial Dispute Resolution - Background


Australia has several alternative dispute resolution (ADR) centres which offer .. It provides parties with the option to use the UNCITRAL Model Law on .. to the Attorney-General on issues affecting ADR in Australia including ..


Update on Legal Professional Privilege | Victorian Government ...


..

law by enabling lawyers to give full and considered advice on a client's legal obligations; discourages litigation and encourages alternative dispute resolution; ..


Submission: Inquiry into Access to Justice


Attorney General's Department has itself acknowledged the ongoing disadvantage .... where family violence precludes alternative dispute resolution. FVPLS ..


LEGAL AID QUEENSLAND ACT 1997


(a) legal services, other than duty lawyer services, for a court proceeding or an alternative dispute resolution process;. (b) another legal service the board ..


Pages - Related websites - Attorney-General's Department


30+ items – Websites hosted by the Attorney-General's Department ..













Site Name

 

 


URL

 

 


Australian Commission for Law Enforcement Integrity

 


www.aclei.gov.au

 


Attorney

-General

 


www.attorneygeneral.gov.au

 



Australian developments | ALRC - Australian Law Reform Commission


For example, the Committee noted that the Law Council of Australia (Law .. 11.57 In May 2009, the NSW Attorney General released ADR ..


find LEGAL answers - Environment » Environment


Includes information about preparing for court, court fees, appeals and alternative dispute resolution. Author: NSW Young Lawyers. Details » ..


Unassisted negotiation - Law Handbook


This is the process whereby people in dispute simply get together to talk about the problem and try to find a solution which they can live with. .. Advantages of alternative dispute resolution, Lawyer to lawyer negotiation ..


RESUMÉ


Registered as a Dispute Resolution Practitioner under the Family Law Act. 1975 Registered .. 2003 to date Appointed by the Law Society of South Australia to the society's ADR committee ... Lawyer/Mediators appointed by the Society as the ..


Attorney General's Department - 18 August 2008 - Transcript ...


So we're doing a substantial review of the Family Law system now to try and .. in filings because of alternative dispute resolution mechanisms.


Family Law Council Submission to NADRAC on Confidentiality ...


Family Law Council Submission to NADRAC on Confidentiality Admissibility Practitioner Immunity and Conduct Obligations in ADR Processes. Australian Government: Attorney-General's Department ..


Attorney-General's Inaugural Family Law System Conference 19 ...


As family lawyers we are required to consider and follow the law. .. with a strong emphasis on alternative dispute resolution, and also a strong ..


Research and evaluation of ADR processes - National Alternative ...


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Collaborative Practice in Family Law - Attorney-General's Department


all methods of dispute resolution that present a realistic alternative to litigation. The highest concentration of Australian collaborative lawyers is in the family law ..


1


The Attorney General has articulated in his letter what many ADR educators and .. in an ADR course showed a greater sense of belonging to the Law School, ..


L E G A L A I D A N N U A L R E P O R T - Legal Aid


In suitable circumstances, an ADR conference provides an alternative solution for family disputes through a ... provide specialised duty lawyer services in the ..


Primary dispute resolution in family law - NADRAC


Primary dispute resolution in family law. A Report to the Attorney-General on Part 5 of the Family Law Regulations. Advice provided to the Attorney-General on ..


11 25195 Queensland Law Society Retention and Disposal ...


education, alternative dispute resolution and various administrative classes. • QDAN 503 version 1, Department of Justice and Attorney General ..


Gosnells Community Legal Centr - National Alternative Dispute ...


Certificates under section 60I(8) of the Family Law Act. We understand that this .. Does it include ADR practitioners as well as lawyers and other workers ..


Legal ethical obligations, misconduct and discovery: issues arising ...


The overarching obligations apply to parties, lawyers, law practices, and 'any .... pre-action protocols, pre-trial management and alternative dispute resolution ..


New South Wales Bar Association – ADR Workshop 28 August 2010 ...


13. However lawyers are not the only ones to benefit from ADR training. Accordingly, in addition to the Deans of Law Schools, I recently wrote ..


flcletter - Attorney-General's Department


The Council understands that the Attorney-General's Department has received legal advice to the effect that it .. Should the Family Law Act be amended to allow family dispute resolution practitioners to provide ... Immunity of ADR Practitioners ..


NATIONAL AUSTRALIAN INSURANCE LAW ASSOCIATION ...


The Rule of law requires a just process for the resolution of disputes. ... has not yet been involved in ADR and mediation to the same extent."23 ..


Report 113 (2006) - Relationships - Law Reform Commission ...


ALTOBELLI, T, "ADR legislation: some recent developments" (1996) .. Attorney General's Department, Property and Family Law: Options for ..


Supreme Court of Victoria - Speeches by the Hon. Chief Justice ...


Speech - ADR and a Different Approach to Litigation, The speech "ADR and a .. 18 March 2009 as part of the Law Institute of Victoria Serving up Insights Series. ... speech 'Victorian Women Lawyers 10th Anniversary' was given by the Hon.


Submission 35 - Women's Legal Service Victoria


Commonwealth Attorney General's Department .. WLSV and VLA (RDM) An Example of ADR……………….…..11. 3. .. Alternative Dispute Resolution Services ..


ISSUES OF FAIRNESS AND JUSTICE IN ALTERNATIVE DISPUTE ...


The National Alternative Dispute Resolution Advisory Council (NADRAC) is seeking .. Attorney-General with coordinated and consistent policy advice on the .. and community organisations, as well as the Family Law Council and the Family ..


Building an ADR Compass: Gathering Useful ADR Data on Where ...


qualifications (lawyer, private practitioner, judge); and the source of payment to the ADR neutral (whether the litigants pay the neutral). These factors, I ..


Annual Report - National Alternative Dispute Resolution Advisory ...


imbalances and biases in alternative dispute resolution services resulting from gender ... Civil Law Division, Commonwealth Attorney-General's Department.


Legal Aid Cover


services both declined by 26% and 20% respectively. The number duty lawyer services increased by 4% and the number of ADR conferences increased by ..


12 October 2010 The Hon Robert McClelland MP Attorney-General ...


Family Law Council Advice on confidentiality and inadmissibility in the Family Law Act. The National Alternative Dispute Resolution Advisory ..


Employment Opportunities - How to apply - Legal Aid


Advertised Vacancies · Graduate Program · Country Lawyers .. areas for us are Family Law, Alternative Dispute Resolution and Non-Litigation ..


Adjudicators


Davis, Roger, Lawyer - Building & Construction Law, Engineering & Mining Services .. Law, Contract Administration, Alternative Dispute Resolution, Subiaco ... Scott is an experienced, practical dispute resolution lawyer.


Model litigant policy Sept 04.qxd


1.1 This Policy has been issued by the Director General of the Attorney .. the existing law and is not intended to amend the law or impose additional legal or .. inquiries and in arbitration and other alternative dispute resolution processes.


Attorney General's Department - 15 August 2008 - Queensland Law ...


Queensland Law Society & Family Law Practitioners Association .. where family disputes are resolved outside courts wherever possible .. Centres and other funded services providing an effective alternative to the courts, we ..


National Alternative Dispute Resolution Advisory Council


In August 1998, the Attorney-General asked that the Family Law Council, in cooperation with the National Alternative Dispute Resolution ..


Review into the ATO's use of Early and Alternative Dispute Resolution


relevance of facts and evidence and the application of law to the facts. .. ADR encompasses a variety of methods which may be used to resolve legal disputes .. 6 Attorney-General's Department, Encouraging Access to Justice through ..


Chapter 15 - Social equity impacts - Attorney-General's Department


The National Alternative Dispute Resolution Advisory Council .. and minor assistance, family dispute resolution, duty lawyer services in the ..


National Alternative Dispute Resolution Advisory Council


by MJ Akee - 2.10 Fifteen key Commonwealth laws have been identified which refer to ADR in a substantive way.[12] The Acts (many administered by the Attorney-General's ..


Law Institute - National Alternative Dispute Resolution Advisory ...


The Law Institute of Victoria (LIV) takes this opportunity to make five recommendations in. relation to the Plan and Government dispute resolution more generally: 1. .. (Litigation Lawyers Section Lawyer) by email on ichrisafis@liv.asn.au or by ..


Discussion Paper - National Alternative Dispute Resolution Advisory ...


industry associations or organisations using or advocating ADR;. • community .. Following the consultation, NADRAC will produce a report for the Attorney-. General .... Since the introduction of the Family Law Reform Act 1995 (Cth) parties ..


Alternative Dispute Resolution Directorate - CaTS Corporate New ...


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5.5 In its report Costs Shifting: Who pays for litigation?, the Australian Law .. We had a big attraction to procedures being directed to alternative dispute resolution, .. 5.21 The Attorney-General recently released the Family Dispute Resolution ..


MEDIATION


'2' Member Law Society's Joint ADR and Arbitration Liaison Committee .. "Risk Management for Lawyers in Mediations: The "Realty" Factor" 1999. "Negotiating ..


National Legal Assistance Advisory Body - Attorney-General's ...


Community Legal Services Program · Family dispute resolution services in .. alternative dispute resolution organisations, courts and tribunals, ..


Alternative Dispute Resolution (ADR) - Access to Justice


Alternative Dispute Resolution

(ADR) processes are where an impartial person .. Collaborative lawyers agree that neither they, nor anyone from their firm, can ..


Internal_Option Two_2 - National Alternative Dispute Resolution ...


Australian Law Reform Commission (June 1998) Issues Paper 25: Review of the adversarial system of litigation. ADR – its role in federal dispute resolution.


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5+ items – Explains common and statute law, criminal and civil law, and ..








Working the system: a guide for citizens, consumers and communities, 2nd ..

 


Introducing the law, 7th ed by Gary Heilbronn et al

 



Mediation within Aboriginal communities : issues and challenges


Attorney-General in Queensland is attempting to provide resources, services .. alternative dispute resolution services in the Brisbane and south-east corner. .. response to community problems and establish appropriate community laws.


Government response to Australian Law Reform Commission ...


Australian Government: Attorney-General's Department .. community and court based alternative dispute resolution (ADR) schemes found in ..


Symposium Paper Building an Evidence Base for the Civil Justice ...


Law reform bodies have, over many years, commented on the lack of comprehensive and .. the appropriateness of different forms of ADR for different disputes, or .. 1 Attorney-General's Department, A Strategic Framework for Access to Justice ..


Future direction of the federal civil - Attorney-General's Department


Family law 299. Better coordination of alternative dispute resolution 300. General federal law 300. Family law 301. Greater coordination between legal services ..


Terms of Reference - Inspector–General of Taxation –


Under Part IVC of the Taxation Administration Act 1953, the law provides .. 1.6 ADR encompasses a variety of methods which may be used to resolve legal .... 6 Attorney-General's Department, Encouraging Access to Justice ..


Counting the Costs | Victorian Law Reform Commission


The following article was published in the Law Institute Journal in April 2007. .. from discovery, to conduct of lawyers and alternative dispute resolution.


Biographical information - Part-time Members - MRT-RRT


She has worked in private legal practice and as a corporate lawyer with a major ... Law Society of South Australia and the Alternative Dispute Resolution ..


Debt for debtors - Legal Aid Queensland


Like the financial counselling service, the lawyer may be able to help you with a .. nominated by the Director of the Alternative Dispute Resolution Branch of the ..


Standards - Attorney-General's Department


She is an experienced mediator, conciliator, adjudicator, ADR trainer and lawyer. She is a member of the Administrative Appeals Tribunal and NADRAC.


NTLRC Final Report


Aboriginal members appointed by the Attorney-General. Co-Chair: .... Models may deal with alternative dispute resolution, family law issues, civil law, criminal ..


Department of Justice and Attorney General Strategic Plan Summary ...


the Director General. The Department of Justice and Attorney.. Access to alternative dispute resolution. • Timely and cost .. law, research and development of ..


NATIONAL ALTERNATIVE DISPUTE RESOLUTION ADVISORY ...


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Pages - Annual Report 2008-09 Performance Reports - Outcome 1


Australian Government: Attorney-General's Department .. tribunals, alternative dispute resolution, administrative law, bankruptcy, classification, ..


REPORT 106 Community Justice Centres


NEW SOUTH WALES LAW REFORM COMMISSION. Letter to the Attorney ... Other alternative dispute resolution activities............................................17 ..


DISPUTE RESOLUTION IN THE NEXT 40 YEARS: REPERTOIRE ...


Faculty of Law on its many accomplishments over the past 40 years. ... Alternative dispute resolution challenges lawyers to integrate ..


The Use of Alternative Dispute Resolution In The Federal Magistracy ...


could apply to the Attorney-General to become an approved ADR service provider. .. mediators in its report to the Attorney General on Part 5 of the Family Law ..


Lawlink NSW: 14. Alternative Dispute Resolution


14.1 The Commission's recommendations for defamation law reform focus on .. 14.2 Mediation is the primary consensual dispute resolution process, where a .. usually but not exclusively lawyers, are readily available in New ..


Contents - Legal Aid


lawyer service, through a private lawyer, or through .. house lawyers, and the amount people must pay towards the .. Assistance,Alternative Dispute Resolution ..


AAT Annual Report 2008-09 Appendix 9


20+ items – .. guides and guidelines · Alternative dispute resolution ..










Title

 

 


Future Directions / Developments for Generalist Administrative Tribunals in ..

 


Reasonableness, Proportionality and Merits Review

 



Government response to recommendations - Attorney-General's ...


Access to justice is central to the rule of law and integral to the enjoyment of .. (h) introduced the Civil Dispute Resolution Bill requiring people to take .. plan for Government agencies, and providing advice on the integrity of ADR processes, ..


The current reach and use of ADR schemes in Victoria (Chapter 3)


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Attorney-General's


Attorney

-General; Minister for Emergency Management .. of Australia's system of law and justice and its national security and emergency management systems. .. National Alternative Dispute Resolution Advisory Council (NADRAC) · National ..


National Principles for Resolution of Disputes - National Alternative ...


The National Alternative Dispute Resolution Advisory Council (NADRAC) is an .. the Commonwealth Attorney-General on the development of alternative dispute ... core principles relevant to different ADR processes may assist policy and law ..


Post-Grant Patent Enforcement Strategies


ADR. Alternative Dispute Resolution. ALRC. Australian Law Reform Commission. EPO .. business and manufacturing sectors, the patent attorney and legal ..


Comments on Attorney-General's reference to NADRAC concerning ...


Comments on Attorney-General's reference to NADRAC concerning ADR processes .. within my personal knowledge - FDR and the Family Law Act 1975 (FLA).


Legal Services Blueprint


Regulatory and legislative changes: The introduction of new laws and .... ADR reporting will enable the Department of Attorney General and ..


Australian Law Reform Commission Report Managing Justice: A ...


when lawyers are engaged in ADR and at other times. The Law Council also does not believe that separate national practice rules relating to lawyers acting for ..


About Access to Justice


Access to justice is not just about courts and lawyers, but is also about better and .. so using a method of alternative dispute resolution that promotes agreement .. for example, clearer laws and better communication between agencies and ..


Review of Victoria's Child Protection Legislative Arrangements ...


LAW REFORM COMMISSION REVIEW: CHILD PROTECTION. LEGISLATIVE .... 1.9 What role (if any) should lawyers play in ADR processes?


Pages - Portfolio - Attorney-General for Australia - Home


The Attorney-General's portfolio comprises the Attorney-General's Department .. law; Appointments; Alternative dispute resolution; Bankruptcy law; Copyright ..


Scanned Document - National Alternative Dispute Resolution ...


The work of the National Alternative Dispute Resolution Advisory. Council is Well recognised in .. latest reference from the Attorney-General will result in it making a ... was recognised in the recent Civil Iustice Review by the Victorian Law ..


Scanned Document - National Alternative Dispute Resolution ...


dispute. In promoting ADR to the legal profession the Directorate is working with Victo1ia's legal industry representative bodies (including the Law Institute of ..


Robert Garran Offices 3 - National Alternative Dispute Resolution ...


Delivery of ADR Services in NSW), which the New South Wales Attorney General has publicly released. The ADR Blueprint sets out a proposed ..


National Alternative Dispute Resolution Advisory Council


by MJ Akee - 2.10 Fifteen key Commonwealth laws have been identified which refer to ADR in a substantive way.[12] The Acts (many administered by the Attorney-General's ..


Lawlink NSW: Select bibliography


ASTOR, H and CHINKIN, C, Dispute Resolution in Australia (Butterworths, .. AUSTRALIA, ATTORNEY GENERAL'S DEPARTMENT, Family Law Act ... DAWSON, M, "Non-consensual Alternative Dispute Resolution: Pros and ..


Senate Committees – Parliament of Australia


Family law, federal courts and tribunals, civil procedure and alternative dispute resolution. Output 1.2. Support for the Attorney-General and First Law Officer, ..


News - International Legal Services Advisory Council


The Hon Robert McClelland MP, Attorney-General, recently .. for more use of Alternative Dispute Resolution strategies, an attractive legal ..


Resume of Francis Charles Edwards


Aboriginal Mediator/ Conciliator / Law student / Trainer & Assessor. Objective. To provide optimum and culturally appropriate independent services in Alternative Dispute. Resolution across a number of jurisdictions, especially disputes involving .. Registration as Family Dispute Resolution Practitioner with the Attorney ..


Terms of reference - Australian Law Reform Commission


the use of court-based and community alternative dispute resolution ... collegial relationship among judges, lawyers, legal academics and law students, in aid of ..


[RTF]Model Litigant Obligation


Rich Text Format - Under section 55ZF of the Judiciary Act 1903, the Attorney-General may .. Applies to ADR - Commonwealth must participate fully, and ensure ... No, merely negligent employees can be sued by an employer at common law.


Legal Research | A.C.T Supreme Court


Attorney-General's Department Annual Report 2010-2011


resolution. Alternative dispute resolution is a term that is used to describe a variety of .. Law derived from custom and judicial precedent (case law) rather than ..


Ministerial responsibilities of the Attorney-General - Directory.gov.au


The Attorney-General is the first law officer of the Commonwealth of Australia. .. include: administrative law, alternative dispute resolution, bankruptcy law, ..


Dispute resolution (Victoria Online)


Information on dispute resolution can be found on Victoria Online. .. Home Law & Justice Courts & tribunals Dispute resolution .. that uses the principles of Alternative Dispute Resolution to resolve workers compensation disputes in Victoria. .. advises the Australian Attorney-General on the development of high quality, ..


Legal Research | A.C.T Magistrates Court


Aboriginal and Torres Strait Islander Guide to Law and Justice .. to do with locating a lawyer, pro bono services, alternative dispute resolution, ..


Directory of Services Separating/Separated Families


5) Legal Aid has Duty Lawyers in the Family Court and Magistrates Court ... mediation and alternative dispute resolution techniques to help ease the load of ..


Attorney General's Division


Reforming the law, providing high quality legal services and research to inform ... Use Alternative Dispute Resolution (ADR) to remove from the court system ..


ADR providers - National Alternative Dispute Resolution Advisory ...



The information on this page is designed to assist you to find ADR providers. .. Online) · Australian Institute of Family Law Arbitrators and Mediators (AIFLAM)* .. Centre, Dispute Resolution Branch, Department of Justice and Attorney-General ..


National Alternative Dispute Resolution Advisory ... - Directory.gov.au


Function: The National Alternative Dispute Resolution Advisory Council is an independent advisory council charged with providing the Attorney-General with coordinated and consistent policy advice on the .. Role: Secretariat - Legal Officer ..


Violence, disputes and their resolution - Australian Institute of ...


Hazlehurst discusses alternative dispute resolution in relation to early .. Other agencies, such as lawyers, legal aid offices, welfare workers, church .... 'Family Law: Alternative Dispute Resolution' Legal Service Bulletin, vol.


1 for PDF - Law Reform Commission of WA


The success of Alternative Dispute Resolution (ADR) reveals that something .. Australian Law Reform Commission (ALRC) in its Discussion Paper, Review ... the fact that lawyers still regard themselves as practising a 'profession'. As a ..


National ADR Research Forums - NADRAC


NADRAC hosted the Fourth National Alternative Dispute Resolution Forum at .. Professor Paul Mazorelle, Pro Vice Chancellor (Educations, Law and Arts) of ..


ADR - National Alternative Dispute Resolution Advisory Council


Commonwealth Attorney-General. Its reports and publications cover standards for ADR, diversity, ADR in courts and tribunals, family law PDR, ADR and small..


Alternative Dispute Resolution - Attorney-General's Department


Australian Government: Attorney-General's Department .. Appointments Advisory Panels · Australian Government law sites · Court Fees: Approved .. Alternative dispute resolution is a term that is used to describe a variety of ..


Annual Report 2007-08 Output 1.1 - Attorney-General's Department


.. alternative dispute resolution, administrative law and administration of .. The Civil Justice Division assisted the Attorney-General to develop a ..


Annual Report 2000 - 2001 Appendix 8: Overseas visitors to the ...


The Hon Mr Alipate Qetaki, Attorney General and Minister for Justice Mr Nainendra .. Lawyer, Head of Division, Case Advocacy & Alternative Dispute Resolution ..


Lawlink NSW: 3. Alternative Dispute Resolution


The benefits of Alternative Dispute Resolution (ADR) in the .... This tends to suggest either media lawyers or journalists with some legal training ..


Discussion paper - Department of Justice and Attorney-General


various dispute resolution processes available in such situations, compare different models of alternative dispute resolution, and explore the statutory laws and ..


Lawlink NSW: Select Bibliography


MAHAN B "Lawyers Who Defend Lawyers" (April 1992) 12(4) .. WALES LAW REFORM COMMISSION Alternative Dispute Resolution: Training ..


Dispute Management in Australian Government Agencies


Australian Government: Attorney-General's Department Achieving a Just and Secure Society .. National Alternative Dispute Resolution Advisory Council .. The Administrative Law Policy Guide helps policy‑makers to ..


Attorney General's Department - 4 December 2009 - International ...


Attorney General's Department .. Alternative Dispute Resolution .. Adopting legislation in line with the Model Law should ensure a more ..


Legal Aid Act 1978


and, without limiting or affecting the generality of the foregoing, includes alternative dispute resolution programs, duty lawyer services, legal advice and legal ..


Finding another type of ADR Provider - Access to Justice


Below is a list of major national and state-based ADR providers who provide ADR services directly to the public and can assist you to find an ADR practitioner.


Slide 1 - Attorney-General's Department


ADR Inter-Agency Group. ◦ Quarterly meetings at .. Examples of dispute management plans/strategies and other experiences .. Attorney-General: Commonwealth agencies should be at forefront of .. Driven by legal department. ◦ NB external ..


Discovery submission 20.1.11 - Australian Law Reform Commission


submission in response to the Attorney General's report, A Strategic .. funding in Australia3, the National Alternative Dispute Resolution ..


Year in Review 1 - National Alternative Dispute Resolution Advisory ...


It is heartening to see alternative dispute resolution being embraced in so many diverse fields .. Ms Akee has been a member of the Family Law Council since 2002 and has been a .. Mr Fabian Dixon SC is a prominent family lawyer in Hobart.


Civil Actions - Information for Self Represented Litigants - District ...


If the defendant believes he or she has a legal case against you, which is .. This is sometimes known as 'alternative dispute resolution. .. the parties, or with the assistance of lawyers or a trained mediator or conciliator.


Pages - Chapter 4 - About the Department - Attorney-General's ...


Australian Government: Attorney-General's Department ... policy advice on administrative law, alternative dispute resolution, federal courts and ..


Introduction - National Alternative Dispute Resolution Advisory Council


Question 1 Should ADR terms take the form of 'definitions' or 'descriptions'? 27 .... Family Law Act 1975 led to extended discussions with the Attorney-General's ..


Senate Committees – Parliament of Australia


Also see National Alternative Dispute Resolution Advisory Council, The Resolve to .. Robert McClelland MP, Attorney-General, House Hansard, 16 June 2010, p. 5476. .. 2; Mr John Emmerig, Law Council of Australia, Committee Hansard, 11 ..


Lawlink NSW: 4. Accreditation


Discussion Paper 21 (1989) - Alternative Dispute Resolution: .. Attorney General are subject to provisions of the Family Law Act 1975 (Cth).6 ..


Family and children's service - Family dispute resolution at Legal Aid ...


The family dispute resolution program at Legal Aid WA gives you and your .. helping people to consider options and alternatives; helping people to .. A lawyer will help you decide what the issues in dispute are and will also ..


Lawlink NSW: Bibliography


"Neighbourhood mediation service pilot" (1985) 59 Law Institute Journal 153 .. ASTOR, H and CHINKIN, C, Dispute Resolution in Australia (2nd .. for ADR Standards (Report to the Commonwealth Attorney-General, 2001) ..


Submission to Victorian Law Reform Commission Regarding a ...


understanding of the process from a welfare rather than a legal point of view. What role (if any) should lawyers play in ADR processes? The role of lawyers ..


Legal Aid Commissions - Access to Justice


..

Duty lawyer assistance at courts and tribunals; Dispute resolution services, including family dispute resolution services, and; Legal representation for criminal, ..


Speeches by Chief Justice French AC - High Court of Australia


University of New South Wales, Law School 40th Anniversary, Sydney, 17 September .. Gilbert &: Tobin Centre of Public Law, Sydney, 19 February 2010 (PDF) .. Perspectives on Court Annexed Alternative Dispute Resolution, Law Council of ..


ADR Directorate projects - CaTS Corporate New South Wales


Courts and Tribunal Services | Department of Attorney General and Justice .. The ADR Blueprint project is an important reform project, which is .. based on the Model Law on International Commercial Arbitration of the United ..


Page | 1 Dr Jenny Buchan Senior Lecturer School of Taxation and ...


My perspective is based on my experience as a commercial lawyer .. Ethical issues about confidentiality in Alternative Dispute Resolution ..


The Hon Justice Murray Kellam AO Chair Welcome address: ADR in ...


Attorney-General, Ladies and Gentlemen. On behalf of both the National Alternative Dispute. Resolution Advisory Council and the Office of ..


Women in the legal profession : theory and research


among women law school faculties) about the difference women's entry will ... Alternative dispute resolution procedures emerge in precisely those areas where ..


Related websites


30+ items – Australian Government: Attorney-General's Department ..













Site Name

 

 


URL

 

 


Australian Commission for Law Enforcement Integrity

 


www.aclei.gov.au

 


Attorney

-General

 


www.attorneygeneral.gov.au

 



Family violence: Key findings from the Evaluation of the 2006 Family ...


Dispute resolution choices: A comparison of family dispute resolution, .. working in the family law system (service system professionals, lawyers, court staff and .... The National Alternative Dispute Resolution Advisory Council ..


MEDIATION SERVICES - Legal Aid Commission of Tasmania


..

with the Magistrates Court in Tasmania. Has a strong interest in family law and is a Family Dispute Resolution Practitioner registered by the federal Attorney-General. .. Email: adr@getyes.com.au. MICHAEL STEWART. Visit His Website ..


Family law and divorce - Family Matters - Journal article - Australian ...


Changing families, changing laws by Margaret Harrison, Family Matters no.29 1991. .. and activities coming under the umbrella of 'alternative dispute resolution'. .. in the context of the current law) advised by their lawyers on their choices and ..


National Principles for Resolving Disputes and supporting Guide


The National Alternative Dispute Resolution Advisory Council (NADRAC) is .. supporting guide required NADRAC to report to the Attorney-General by 31 .. core principles relevant to different ADR processes may assist policy and law makers ..


2 About ADR - National Alternative Dispute Resolution Advisory ...


NADRAC Issues Paper Alternative Dispute Resolution in the Civil Justice ... terms affect consumers and referral to ADR processes by courts, lawyers and others? .... The Law Society of NSW and some commercial ADR providers also provide ..


Annual Report - National Alternative Dispute Resolution Advisory ...


Attorney-General's Department. Bernadette Rogers. Director of Alternative Dispute. Resolution. Queensland Law Society. While outside the reporting period, ..


Do professionals have an ethical compass and does it matter?


It is the rule of law that ultimately safeguards people's rights and which .. in the practice of your profession as an Australian lawyer and as an officer of this ... tribunals, inquiries and in alternative dispute resolution processes.


Legal Services Country Profile – Indonesia - International Legal ...


Foreign lawyer admission to practice requirements* 19 .. prospects for Australian legal services; Australian dispute resolution services and Australian .... [25] Law No.30 of 1999 Concerning Arbitration and Alternative Dispute Resolution.


Judges' Speeches


The duty of parties and their lawyers to co-operate and act in good faith in .. and reflect upon the 10th anniversary of the Western Australian Law Reform .. and other forms of alternative or assisted dispute resolution (ADR).


Supreme Court of Victoria - Speeches by Date


Justice Pagone to the Australian Association of Constitutional Law, ... Speech - ADR In The Courts, Alternative Dispute Resolution in the Supreme Court of ... The Lawyer's simultaneous duty to Client and the Courts' was given by the Hon ..


FOR TODAY'S LAW STUDENTS - THE PROFESSION YOU ARE ...


"In many cases, a lawyer sees himself as the aggressive gladiatorial fighter for his .. Alternative dispute resolution is increasingly being used to divert cases from ..


Attorney General's Department of NSW


Commonwealth Attorney-General's Department (Regional Law. Hotline), and the .... services for legal aid and alternative dispute resolution, services for up to 11 ..


Scanned Document - National Alternative Dispute Resolution ...


ATTORNEY GENERAL; MINISTER FOR CORRECTIVE SERVICES. Attach .. 2.2 How does inconsistent use of ADR terms affect consumers and referral to ADR .. Review) by the Law Reform Commission of Western Australia (LRCWA) ..


Alternatives to Discovery - Australian Law Reform Commission


Where ADR is successful, it results in cost savings to both individuals, .... 5.52 Under the proposed law, lawyers will have an obligation to advise their clients ..


Annual Report 1998-1999 - NADRAC


Richard Moss, Deputy Secretary Attorney-General's Department. Bernadette Rogers, Director of Alternative Dispute Resolution Queensland Law Society ..


Submission: Civil Dispute Resolution Bill 2010


As a peacemaker, the lawyer has a superior opportunity of being a good man. .. access to dispute resolution processes and Courts founded on the rule of law, is it also .. obligations in respect of Alternative or Appropriate Dispute Resolution ..


'Solid work you mob are doing'


Report to the National Alternative Dispute Resolution Advisory Council by the Federal .. Owen Dixon Commonwealth Law Court Building. 305 Williams .... Previously she has worked as a lawyer and as a research assistant in the field of ..


Lawlink NSW: Chapter Twelve - Costs and Costs Assessment


..

of fee scales, the introduction of mandatory written costs agreements between lawyers and clients .. Costs assessment can be used to resolve disputes about costs, or as a means of .. It is noted that the Law Society has indicated an intention to collect this .... Would the use of alternative dispute resolution contain costs?


Legal Services Commission of South Australia - Contributors to the ...


Many people gave their time and expertise to produce the Law Handbook. .. TRAFFIC OFFENCES, POWERS OF ATTORNEY, CONSUMER CREDIT, .. Flinders University School of Commerce, ALTERNATIVE DISPUTE RESOLUTION ..


Dispute Management Plan - NADRAC


ADR

and Civil Proceedings Reference .. Indigenous Dispute Resolution .. The Attorney-General has indicated his strong support for dispute management ..


Indigenous Dispute Resolution and Conflict Management


which provides advice on ADR to the Australian Attorney-General. Members of .... In the family law area, the Family Court has engaged Indigenous family ..


Community Mediation Services - Law Handbook


Community mediation provides people with an alternative to court action. .. Home >LEGAL SYSTEM>ALTERNATIVE DISPUTE RESOLUTION ..


NATIONAL INDIGENOUS LAW & JUSTICE FRAMEWORK Good ...


17. Qld Dispute Resolution Branch. Qld Department of Justice and Attorney-General. The Dispute Resolution Branch provides an alternative to going to court.


1990s: the new model - Department of Justice and Attorney-General


Alternative dispute resolution became one of the cornerstones of the 'nonadversarial' system of litigation. Under the Attorney-General's ..


Legal services directions - Attorney-General's Department


Australian Government: Attorney-General's Department .. Handling litigation and Alternative Dispute Resolution (ADR) during the caretaker ..


Good > Better > Best


Australian Commission for Law Enforcement Integrity in. 2007, as Integrity .. and is a member of LEADR. (Lawyers Engaged in Alternative Dispute Resolution).


Reform of the civil justice system and economic growth: Australian ...


The Australian Law Reform Commission recently completed its four-year inquiry into the federal ... In practice, the Federal Court was favoured by lawyers and business, and .... Not Alternative Dispute Resolution (ADR) alone ..


[RTF]PURCHASE OF LEGAL SERVICES BY AUSTRALIAN ...


Rich Text Format - Australian Corporate Lawyers Association - General Counsel Forum .. counsel, equitable briefing practices, and the use of ADR by Commonwealth agencies.


ADR and Civil Proceedings Reference - National Alternative Dispute ...


Report on ADR in the Federal Civil Justice System .. House on 4 November 2009, the Attorney-General warmly welcomed NADRAC 's 'comprehensive report', ..


Improving Alternative Dispute Resolution - Victorian Law Reform ...


Victorian Law Reform Commission - Civil Justice Review: Report. 210. Chapter 4. Improving Alternative Dispute. Resolution. 1. Introduction. 1.1 What is ADR?


Portfolio overview - Attorney-General's Department


ATTORNEY–GENERAL'S DEPARTMENT ANNUAL REPORT 2005–06. 12 .. Law reform. ■. Alternative dispute resolution. ■ .. Indigenous law and justice. ■ ..


Employment Opportunities - Indigenous Law Student Program


Students work along side lawyers to develop their legal skills and gain .. Law including domestic violence and Alternative Dispute Resolution ..


Seminars - Crown Solicitors Office : Lawlink NSW


Wednesday 22 February 2012, CSO Torts Law Practice Groups, I have been issued .. ADR in Child Protection :The Child Protection Practice Group hosted a client .. discussed FDR: Lawyer-assisted mediation in parenting matters and David ..


16. Children's involvement in family law proceedings | ALRC


Depending on the results of the Attorney-General's review of alternative dispute resolution services in family law, the Family Court should consider appropriate ..


Review of the International Arbitration ACT 1974 Comments by the ...


Review of the International. Arbitration ACT 1974. Comments by the Law Council. ADR Committee. Submission to the Attorney-General's. Department ..


FCLC submission to NADRAC May 09 - National Alternative Dispute ...


special needs or particular areas of law (eg .. The Federation broadly supports greater use of alternative dispute resolution (ADR). ... 1 Attorney-General's Department, Australian Government, Review of the Commonwealth Community Legal ..


National Legal Assistance Advisory Body


Australian Government: Attorney-General's Department Achieving a Just .. alternative dispute resolution organisations, courts and tribunals, ..


PS LA 2007/23 - Alternative Dispute Resolution in ATO disputes and ...


ATO approach to Alternative Dispute Resolution. 1. .. B to the Attorney-General's Legal Services Directions 2005 to act as model litigants in .. applicable law and relevant ATO policies, the attitude of the other party to ADR and ..


ATO law expertise: Evolution or revolution? - Australian Taxation Office


We strongly discourage 'lawyer letters'. At the litigation stage we have had considerable success with ADR in the Administrative Appeals ..


ADR before, during and after court - CaTS Corporate New South ...


Courts and Tribunal Services | Department of Attorney General and Justice .. Alternative Dispute Resolution; Benefits of alternative dispute resolution · Types .. In family law parenting disputes, for example, most people are required to attend ..


App 2 - Glossary - Law Reform Commission of WA


Unlike other ADR processes, arbitration results in a determination by the arbitrator which is potentially enforceable. Attorney General. The principal legal officer ..


performance reports - Attorney-General's Department


tribunals, civil procedure, alternative dispute resolution, administrative law, and .. ATTORNEY–GENERAL'S DEPARTMENT ANNUAL REPORT 2005–06. 28 ..


"Resolution of Small Business Disputes" - Department of Innovation ...


the Law Institute of Victoria and the ADR Committee of the Victorian Bar. ... Many lawyers dealing with small business clients now routinely ..


Submission from Shoalcoast Community Legal Centre Integrity of ...


Whilst our Centre is supportive of the availability of ADR we do not believe it .. Even if there was a shift to more lawyer assisted mediation in Federal court and ..


Family Law Amendment Bill 2003 (Bills Digest, no. 12, 2003-04)


In 1998, the Attorney asked the Family Law Council and the National Alternative Dispute Resolution Advisory Council (NADRAC) to examine ..


International Commercial Dispute Resolution - Australian ...


The Australian Government Attorney-General's Department is the central .. in the maintenance and improvement of Australia's system of law and justice. .. National Alternative Dispute Resolution Advisory Council (NADRAC) ..


SOUTH COAST FAMILY LAW PATHWAYS NETWORK


Mary Gleeson ( Legal Aid ) will be speaking about Lawyer Assisted FDR. Speakers on .. National Alternative Dispute Resolution Advisory Council (NADRAC) : ..


[PPT]Family Court of Western Australia


Microsoft Powerpoint - Arbitration – qualified family law arbitrator helps you reach agreement or makes decision .. Alternative Dispute Resolution – Legal Aid offered service ..First court event; Conducted by a judicial officer; Parties attend with their lawyer; Purpose: ..


Guidelines for Outsourcing Government Legal Work


The Attorney-General's Department is acknowledged as the central legal department with an expectation that it .... Commitment to alternative dispute resolution.


Supporting access to justice for cases - Attorney-General's Department


It is an important part of maintaining the rule of law that members of society be .... These services provide information, face to face or telephone advice, ADR, ..


Maintaining+and+enhancing+ - National Alternative Dispute ...


The National Alternative Dispute Resolution Advisory Council (NADRAC) is an .. Attorney-General on the development of alternative dispute resolution (ADR) and with .. NADRAC and the Family Law Council previously provided joint advice, ..


Family dispute resolution and domestic violence bibliography ...


by AFR Clearinghouse - 2009 Canberra, A.C.T. : Attorney-General's Dept., 2010 ... Family dispute resolution and family violence in the family law system. Evers M ..


News 2011 - Lawlink Corporate : Lawlink NSW


15/05/11, Lawyers make a song and dance of Law Week [ Small .... $2 million for a trial of alternative dispute resolution procedures in child ..


Review of Future Governance - Attorney-General's Department


Dispute Resolution (ADR) available to members of the public. The Chief justice has indicated her support for such initiatives as Collaborative Law as an ..


ADR Research


National Alternative Dispute Resolution Advisory Council. ADR Research ... inquiry into justice (as with the Australian Law Reform Commission), or as part of a review of .. community expectations and the role of lawyers in ADR. In addition ..


Alternative dispute resolution bodies - Australian Law Reform ...


44.3 ADR has been described as dispute resolution processes, other than .. part in ADR also must comply with privacy laws during the dispute resolution process. ... an organisation designated by the Attorney-General or a designated court.


Public Defender Brian Devereaux's outstanding work recognised by ...


Accreditation Board of the Queensland Law Society,. Lawyers Engaged in Alternative Dispute Resolution and the Australasian Law Teachers Association.


1 IF YOU COULD SEE HER THROUGH MY EYES - Attorney ...


logically assumes that alternative dispute resolution systems should be .. If anyone seriously wanted to enhance the protection of the lawyer's clients and the ..


Research & conference papers by the Australian Human Rights ...


Alternative Dispute Resolution

in the human rights and anti-discrimination law context: Reflections on theory, practice and skills. This paper provides an ..


Jurisdiction and Procedures of the Copyright Tribunal


Alternative Dispute Resolution Mechanisms. 13. Accessibility .. Attorney-General on the need for changes to the jurisdiction and procedures of the. Copyright ..


Governance and control - Legal Aid Queensland - Queensland ...


Zoe Rathus is a senior lecturer in family law and professional practice, .. Board, Lawyers Engaged in Alternative Dispute Resolution, and the ..


Response to NADRAC - Alternative Dispute Resolution in the Civil ...


In addressing the question of mandatory ADR, VADR looked at services which .. Law matters the mandatory use of ADR may tend to disadvantage women. .. Psychologists, social workers, lawyers and other professionals would not have to ..


8 for pdf - Law Reform Commission of WA


and more accessible for those who need lawyers and courts to help them resolve their disputes. Both alternatives are examined in this Report. Before ..


ETHICS IN LITIGATION AND COURT PROCEEDINGS


[14] According to the Rambo lawyer, litigation is war. ... note that these duties apply in litigation as well as in mediation and other forms of ADR.


Family Dispute Resolution - NADRAC


A legal definition can be found in the Family Law Act 1975. However, the term 'family dispute resolution' is still a term that covers many different sorts of ADR ..


Under the Family Law Act 1975 - NADRAC


This joint Letter of advice by the National Alternative Dispute Resolution Advisory .. Law Act 1975 was provided to the Attorney-General on 15 November 2005.


SAT Member Profiles


After practising law in Western Australia until 1978, Murray Allen held senior positions with .. From 1980 to 1989 he worked in the Commonwealth Attorney-General’s .. experience, with particular expertise in alternative dispute resolution.


THE CRISIS IN THE LAW - CONTINUED


Every lawyer and every judge has the obligation to heed the Chief Justices' ... The use of alternative dispute resolution is now well advanced in this country.


Submission on the Single Trans-Tasman Regulatory Framework for ...


All lawyer employees are employed by A] Park Law. Some patent .... We understand the current costs of alternative dispute resolution services are subsidised ..


federal-civil-justice-system - Australian Law Reform Commission


The Australian Law Reform Commission's review of the federal civil .. judicial accountability, alternative dispute resolution, legal aid and expert witnesses. .. including requiring full disclosure of lawyers' fees and shifting to a ..


Submission to the Parliament of Victoria Law Reform Committees ADR


NADRAC's submission to the Parliament of Victoria Law Reform Committee' ADR inquiry addressed the following issues raised in the discussion paper: ..


[RTF]speeches_sackvillej14.rtf - Federal Court of Australia


Rich Text Format - AUSTRALIAN LAWYERS AND SOCIAL CHANGE .. 'Australian Law and Lawyers: Instruments or Enemies of Social and Economic Change?'. ... Concepts such as alternative dispute resolution and restorative justice, now a familiar part of the ..


Legal Services Directions 2005 and Guidance Notes


Australian Government: Attorney-General's Department Achieving a Just .. Handling litigation and Alternative Dispute Resolution (ADR) during ..


Annual Report 2004-05 Part 1 Overviews - Attorney-General's ...


One of the program's aims is to help PNG's law and justice sector to .... tribunals, law reform, alternative dispute resolution, international law, ..


Resolving tree and fence disputes - Department of Justice and ...


The new Neighbourhood Disputes Resolution Act 2011 commenced on 1 November .. Mediation offers you an alternative way of settling disputes before taking legal action. .. The Queensland Law Society can refer you to a private lawyer.


Post-Grant Patent Enforcement Strategies


ADR. Alternative Dispute Resolution. ALRC. Australian Law Reform Commission .. The Institute of Patent and Trade Mark Attorneys of Australia. KIPO ..


Family Relationships Quarterly, Newsletter of the Australian Family ...


by AFR Clearinghouse - 2006 - This project examined the relationship between the family law system ... the profile of "alternative" dispute resolution services both inside the .. Generally speaking, three hours of joint dispute resolution time will be offered free of charge. ... the child's independent lawyer, thereby maximising opportunities to ..


AAT Annual Report 2008-09 Chapter 5


further improvement of the Tribunal's alternative dispute resolution .. and other ADR processes by conducting sessions for civil law lawyers and ..


Lawlink NSW: 5. Approaches to Occupational Regulation


5.7 Within the ADR community there are ambivalent, even contradictory .. 5.13 The common law imposes certain duties on people in trade and commerce .. Funds are distributed by the Commonwealth Attorney-General's ..


DISPUTE RESOLUTION TERMS - National Alternative Dispute ...


National Alternative Dispute Resolution Advisory Council ... family law, mediation and conciliation evolved out of counselling, whereas industry dispute .... example, lawyers or agents) to identify issues to be negotiated, develop options, ..


The Business of Process Research Issues in Managing Indigenous ...


by T Bauman - collaborative alternative dispute resolution mechanisms such as mediation and ... process of decision-making according to 'traditional laws and customs' or via .. Council ('NADRAC'), whose role it is to advise the Commonwealth Attorney- ..


Alternative dispute resolution | Business and industry | Queensland ...


The Queensland Department of Justice and Attorney-General Dispute Resolution Centres offer a combination of alternative dispute resolution ..


Children's Court of Victoria - Research Materials - Family - General


The existence of a concurrent common law duty, is likely to encourage the ... ADR resolves about 30% of the cases referred to it. .... the Family Division but permits the Court to grant leave to a non-lawyer, other than a parent, ..


Letters of Advice


The following are Letters of Advice the Family Law Council have provided to the Attorney-General: .. An own motion letter of advice was provided to the Attorney-General on 3 .. Letter of Advice on Enhanced Family Dispute Resolution .. Alternative Dispute Resolution Advisory Council and the Family Law ..


Recent Developments Concerning the Australian Centre for ...


particular, the major law firms, dealing with the multiplicity of ADR .. the renaissance of ACICA and I am delighted to advise that the Attorney General of Australia ..


Divorce mediation


child mediation as a method of primary dispute resolution in family law disputes. .. Attorney-General's Department (1997) Delivery of Primary Dispute Resolution .. that enthusiasm for mediation and alternative dispute resolution is enormous ..


ALRC 69 - Australian Law Reform Commission


Violence in relationships. Violence and the Family Law Act 1975 (Cth). Custody and access. Property and maintenance. Alternative dispute resolution processes ..


Children and family law - Family Matters - Journal article - Australian ...


by M Harrison - Views are influenced by advice received from lawyers, friends, workmates, relatives .. Although the Family Law Act emphasises alternative dispute resolution ..


Submission 30 - Legal Services Commission of South Australia


Dear Attorney-General, ... In family law matters we have seen that while the push for alternative dispute resolution may have reduced the number of court filings, it has not reduced the number of applications for legal aid in the family law field.


Discovery of Documents in Federal Courts - Australian Law Reform ...


Alternative Dispute Resolution Committee, Law Council of Australia .. Law Council of Australia, submission to the Attorney-General's ..


AAT Annual Report 2009-10 Appendix 9


30+ items – .. guides and guidelines · Alternative dispute resolution ..













Title

 

 


Event/organisation

 

 


Advanced Collaborative Practice

 


Law

Institute of Victoria, Melbourne

 


Improving Mediation Quality

 


LEADR Association of Dispute Resolvers ..

 



Supreme Court of Victoria - Links


LEADR Web site, LEADR, Association of Dispute Resolution is an Austral asian, .. that promotes alternative dispute resolution and their web site provides access to .. The Law Institute of Victoria (LIV) is the state's peak body for lawyers and ..


Draft 1


committee of the WA State Chapter of LEADR and a member of the ADR committee of the Law. Society, and has experience as a co presenter of the UWA Law ..


[PPT]Family Court of Western Australia


Microsoft Powerpoint - Arbitration- qualified family law arbitrator makes a decision for you. .. Legal Aid also has an Alternative Dispute Resolution .. However, in some cases the Court, or your lawyer, may give you permission not to attend a particular court event.


Serving our customers


Attorney General's Department's Law Libraries 34 .. Senior Solicitors Mimi Barbaro, Community Law, .... resolution (ADR) mechanisms, notably mediation ..


Hiring a Lawyer


Many lawyers specialise in particular areas of business and commercial law, so be sure to check that the lawyer .. alternative dispute resolution process?


Magistrates Court : Legal Dictionary


Alternative Dispute Resolution or A D R: Settling a dispute without a full, formal .. Counsel: A lawyer who is representing a person in a court.


REPORT OI-' HJAUGLTLAL JOINT MEETING OF THE WORKING ...


Alternative Dispute Resolution and Arbitration. Presentation bv the .. Attorney'-General's Department, elaborated the recent developments in law and legislation ..


PARENTING PLANS - National Alternative Dispute Resolution ...


FAMILY LAW COUNCIL. National Alternative Dispute Resolution Advisory Council. LETTER OF ADVICE TO THE ATTORNEY-GENERAL. ON. PARENTING ..


Report: International parental child abduction to and from Australia


Criminal law responses to international parental child abduction ............. 21. Recognition under ... Role of alternative dispute resolution .


Background | ALRC - Australian Law Reform Commission


1.1 On 10 May 2010 the Attorney-General of Australia, the Hon Robert McClelland MP, ... whether mandatory requirements to use ADR should be introduced; ..


Office of the Sheriff NSW - CaTS Corporate New South Wales


Courts and Tribunal Services | Department of Attorney General and Justice .. Community Justice Centres · Alternative Dispute Resolution Directorate · Office of the .. At the Office of the Sheriff of NSW, we conduct law enforcement, security and ..


Information for Aboriginal and Torres Strait Islander Families


by R Warrek - 2008Family Relationship Centres & Family Dispute Resolution Services · >> Step by .. Aboriginal Legal Service of WA, Family Law Unit – (08) 9265 6666 or 1800 019 900 (freecall). Aboriginal Alternative Dispute Resolution Service - 1800 045 577 (freecall) .. There is a Duty Legal Aid Lawyer available daily at the Family Court.


Legal Services Amendment Directions 2010 (No. 1)


Issued by the authority of the Attorney-General. Judiciary .. and its agencies in arbitration and other alternative dispute resolution processes.


JENNIFER SCOTT PROFESSIONAL HISTORY


Mediation courses, Bond University, University of Technology, Law. Society of NSW .. law, small business. 2003-cont ADR (Alternate Dispute Resolution) Training .. NSW Environment and Planning Law Association. • The Women's Club ..


What we do - AAT


The Tribunal falls within the portfolio of the Attorney-General, the Hon. .. decision involves considering afresh the facts, law and policy relating to that decision. .. including whether another form of alternative dispute resolution - conciliation, ..


Dispute Resolution Branch, Department of Justice and Attorney...


Dispute Resolution Branch, Department of Justice and Attorney-General, Queensland. Response to NADRAC's reference concerning the integrity of ADR ..


Senate Committees – Parliament of Australia


ATTORNEY

-GENERAL'S DEPARTMENT .. civil procedure, alternative dispute resolution, administrative law and administration of related government programs ..


An evidence base for the federal civil justice system


organisations in the access to justice sector and to law firms. .. The Access to Justice Division of the Attorney-General's Department (AGD) is seeking to .. to Resolve Report") published by the National Alternative Dispute Resolution Advisory ..


ADR in family violence legislation | ALRC - Australian Law Reform ...


This reflects the recommendations of the New South Wales Law Reform Commission .. In NSW, ADR is not used in family violence protection order proceedings .... Relationship Advice Line by the Australian Government Attorney-General's ..


partnership projects - Attorney-General's Department


"mediation' or "counselling' or other forms of dispute resolution used in the family law context. Within the field, alternative dispute resolution or "ADR' is used to ..


Attorney General's Department - 9 November 2011 - FRSA ...


We do this through the Standing Council on Law and Justice. .. I'm also optimistic that the coordinated family dispute resolution pilots .. which more effectively build on the existing capabilities in the ADR sector, reflect the ..


Submission: Inquiry into Access to Justice


Attorney General's Department has itself acknowledged the ongoing disadvantage .... where family violence precludes alternative dispute resolution. FVPLS ..


E Law: Disputing Culture: Lawyers and ADR


Numerous studies, including my own, show that most lawyers are favourably disposed towards alternative dispute resolution practices. Yet, other studies ..


Lawyers post-ADR: mediation and collaborative law


by A Ardagh - 2007Lawyers post-ADR: mediation and collaborative law. Anne Ardagh. Guy Cumes. This Article is brought to you by ePublications@bond. It has been accepted for ..


Educating lawyers in ADR


by L Boulle - 2005 - Boulle, Laurence (2005) "Educating lawyers in ADR," ADR Bulletin: Vol. .. Law Teachers' Conference in Hamilton, .. law schools need to inculcate in students ..


Family law: the lawyerâ•ficlient relationship, procedural justice and ...


by J Howieson - 2007 - Howieson, Jill (2007) "Family law: the lawyer–client relationship, procedural justice and the dispute resolution process," ADR Bulletin: Vol. 10: No. 2, Article 6.


E Law: Lawyers and Dispute Resolution: What Do They Think And ...


by BA Archie Zariski Subjects: Dispute resolution law (Other articles). Issue ... Lawyers may consider such alternative forms of dispute resolution to be "second class ..


Family lawyersâ•Ž attitudes to ADR


by T Altobelli - 2005A recent survey of New South Wales. Accredited Specialists in Family Law has collected data about the use by this influential group of lawyers of ADR processes ..


Gerber, P; Ong, B --- "Dispute Boards Is there a role for lawyers ...


by B Ong It is clear that ADR is now widely accepted and embraced by construction lawyers as a normal and natural part of dispute resolution. In contrast ..


"Why Teach ADR to Law Students? Part 2: An Empirical ... - AustLII


by TOM FISHERThe rise of ADR education in law schools underscores the central role of lawyers in ADR practice. Whilst lawyers, in their client advocate role, have an ethical ..


Family law dispute resolution : procedural justice and the lawyer ...


Family law dispute resolution : procedural justice and the lawyer-client interaction / .. (Law), Family lawyers, Procedural justice, Alternative dispute resolution, ..


Why Teach Alternative Dispute Resolution to Law Students ... - AustLII


by J GUTMANSpencer asserts that it is a component of legal professional responsibility for lawyers to advise their clients on ADR options.17 This view is endorsed by the Law ..


UWA Staff Profile > The University of Western Australia: The ...


Howieson, J. Family Law: the lawyer-client relationship, procedural justice and the dispute resolution process, ADR Bulletin, Volume 10, ..


Guidelines for lawyers in mediations


by M Walker - 2007 - Guidelines for Lawyers in Mediation. (Guidelines) are based on the work of the members of the Law Council. Alternative Dispute Resolution. Committee and ..


"Lawyers post-ADR" by Anne Ardagh and Guy Cumes


by A Ardagh - 2007Lawyers post-ADR: mediation and collaborative law .. incorporation of alternative dispute resolution practices (ADR) and collaborative law into the profession.


Disputing Culture: Lawyers and ADR


by BA Archie Zariski Senior Lecturer in Law, School of Law, Murdoch University. Subjects: Alternative dispute resolution (Other articles) Lawyers Professions. Issue ..


Stephen Lancken - Centre for Peace and Conflict Studies - The ...


He is a regular writer and contributor to the study of ADR. .. College of Law; Coudert Bros Lawyers; Gilbert + Tobin State Legal Conference ..


Japan's Legal Profession (and ADR and Legal Education) at a ...


This aimed at extending the rule of law even for example through ADR mechanisms, beginning with a 1978 scheme with insurers to resolve ..


The new lawyer: Moving from warrior to conflict resolver


by J McFarlane - 2009It has been accepted for inclusion in ADR Bulletin by an authorized .. for lawyers which is responsive to new dispute .. of Law (UBC Press, 2008) argues that ..


REPOSITIONING THE LEGAL PROFESSION IN ADR SERVICES ...


by A ARDAGH - Place of Collaborative Law in the New Family Law System. 239 the legal profession.2 The large number of lawyers having undertaken mediation and other ADR ..


Secrets, half-truths and deceit in mediation and negotiation â•fl ...


by K Lauchland - 2007 - It has been accepted for inclusion in ADR Bulletin by an authorized .. His honour, Byrne J, effectively held in the Mullins case that the lawyer had been guilty of .. happening in connection with the practice of law that falls short of the standard of ..


Integrating Alternative Dispute Resolution into Japanese Legal ...


by M Saegusa - Globalization of Law: Diffusion of ADR across Nations. VI. ADR in Japan .... L. RISKIN / J. WESTBROOK, Dispute Resolution and Lawyers (St. Paul, Minn. 1998); ..


Developments in Commercial ADR: Attorney-General's Departmentâ ...


by I Govey - 2001Developments in Commercial ADR: Attorney-. General's Department's Perspective. Ian Govey. David Syme. This Article is brought to you by the Faculty of Law at ..


Article title - Bulletin May 2007 - La Trobe University


Alternative Dispute Resolution (ADR): What role for lawyers? 'Since 2005, the first subject La Trobe University law students complete is Dispute ..


ADR: a glass half full or a glass half empty? A contribution to the ...


by T Sourdin - 2002 - Professor of Law, .. many lawyers have become ADR practitioners and supporters and have played a ... skills — will result in a more relevant law school ..


Dr Becky Batagol, Monash Law


Lawyers and Family Dispute Resolution' (2008) 8 Queensland University .. to Victorian Parliament Law reform Committee: 'Inquiry into ADR in ..


Conference: Dispute Resolution in the next 40 years ... - UNSW Law


Dispute Resolution Conference Brochure & Registration Form .. Alternative Dispute Resolution, including mediation, joint settlement meetings and .. practised as a lawyer for 14 years, specialising in industrial and sports law.


Emeritus Professor Hilary Astor - Sydney Law School - The ...


Dispute Resolution; Mediation Skills and Theory; Family Law; Legal Research 3 .. between family dispute resolution practitioners and family lawyers and .. Chairperson of the National Alternative Dispute Resolution Advisory ..


The purpose of court-connected mediation from the legal perspective


by O Rundle - 2007 - It has been accepted for inclusion in ADR Bulletin by an authorized administrator of .. literature of inappropriate lawyer .. within the legal system, legal ..


Incorporating ADR in Canadian Civil Litigation


by DL Zutter - 2001 - 12-1-2001. Incorporating ADR in Canadian Civil Litigation. Deborah Lynn Zutter. This Article is brought to you by the Faculty of Law at ePublications@bond.


Hard bargainers beware! Cost traps for lawyers


by P Cavanagh - 2006 - It has been accepted for inclusion in ADR Bulletin by an authorized administrator of .. Cost traps for lawyers," ADR Bulletin: Vol. .. involved national law firms.


"Family lawyers' attitudes to ADR" by Tom Altobelli


by T Altobelli - 2005The hypothesis was that lawyers were using ADR in family law with greater frequency, that they were becoming sophisticated consumers of ADR services, and ..


Promoting Australian ADR abroad


by S Purser - 2001Late in 2000 the Attorney General's. Department invited the Dispute Resolution. Centre of Bond University School of Law to conduct a series of courses on ADR ..


The Justice Industry in the 21st Century: Review of Educating ...


by BA Archie ZariskiSenior Lecturer in Law, School of Law, Murdoch University .. on the theme of educating lawyers and other legal actors for their roles in future less "adversarial" systems. .. The "ADR" movement has advanced an approach to conflict in society ..


CIVIL DISPUTE RESOLUTION BILL 2011 Explanatory Memorandum


Lawyers

are also under an obligation to advise their clients of the requirement .. that would make further steps inappropriate, such as under the Family Law Act 1975. .. The benefits of ADR include a less adversarial process, early resolution of ..


Renting your judge


by G Wilson - 2000The concept of a retired judge providing services to family law clientele and their lawyers via a variety of ADR techniques remains relatively untried in Australia.


Civil Procedure and ADR - Legal Resources


Civil Procedure and Alternative Dispute Resolution (MLL 391) .. Federal Courts (LexisNexis) and Springvale Legal Service's lawyers practice ..


Collaborative law overview â•fl towards collaborative problem ...


by R Lopich - 2009It has been accepted for inclusion in ADR Bulletin by an authorized .. other forms of ADR, litigation lawyers ... collaborative lawyer, Stu had completed ..


The operationalisation of ADR: Diversitt-Einheitlichkeits


by N Alexander - 2004 - The introduction of ADR and in particular mediation has created new opportunities for a number of professions, including law. For lawyers mediation is an ..


Professor Luke Nottage - Sydney Law School - The University of ...


Academy of Comparative Law (by election only); ADR/Arbitration Law Association of Japan (ADR-chusaiho gakkai); Australasian Forum for ..


Sanctions for the recalcitrant lawyer and party


by G Dearlove - 1999 - It has been accepted for inclusion in ADR Bulletin by an authorized ... that lawyer, or if it is in their client's interests that the dispute be resolved with that lawyer.


Letters to a young lawyer


by D Spencer - 2006If you are a lawyer, or in the business of talking to lawyers, and .. a brilliant criminal lawyer, gifted teacher, parent and .. of alternative dispute resolution should ..


Introduction - ePublications@bond - Bond University


Access to ADR processes. 28. The purpose of court-connected mediation from the legal perspective. 30. Lawyers post-ADR: mediation and collaborative law. 32 ..


THE REALITY OF NON-ADVERSARIAL JUSTICE: PRINCIPLES ...


by J GUTMAN - law. It identifies the starting point for transformation as the ADR movement, and examines the various trends in lawyering and the legal institutions that ..


NATIVE TITLE LITIGATION – AN ADR-FREE ZONE


The truth of the matter is that alternative dispute resolution makes the legal system work. The noted American lawyer, Irving Younger, visited ..


Mediation in the 90s: the promise of the past


by T Altobelli - 2000 - It has been accepted for inclusion in ADR Bulletin by an authorized .. already there are indications of threats to ADR ... affected by the laws and lawyers are to ..


LEGAL ETHICS, PROFESSIONAL RESPONSIBILITY, ETC AT ...


of Law, Lawyers and Justice examines the nature and structure of the legal profession, historical ... alternative dispute resolution, relations with other lawyers); ..


Visualising the ADR landscape


by N Alexander - 2004 - important. The introduction of ADR, and in particular mediation. has created new opportunities for a number of professions, including law. For lawyers mediation ..


Collaborative practice â•fl â•ŸWe already do thatâ•Ž


by L Lopich - 2007 - Lopich, Lorraine (2007) "Collaborative practice — 'We already do that'," ADR Bulletin: Vol. 9: No. 9, Article .. advice that collaborative lawyers give to their clients ..


Compulsory ADR before commencing proceedings?


by A Limbury - 1998It has been accepted for inclusion in ADR Bulletin by an authorized .. applied is justice according to law. Lawyers in particular appreciate the importance to ..


Opportunistic research: making the most of a captive audience and a ...


by C Doran - 2003It has been accepted for inclusion in ADR Bulletin by an authorized .. family law solicitors at the conference .. A snapshot of family lawyers' ADR perceptions ..


What is it about me? What is it about mediation?


by J Howieson - 2010of interest-based ADR/FDR processes, and thought that their use benefited most family law matters;. • 33% of clients in the sample reported that their lawyers ..


E Law: Perceptions of Procedural Justice and Legitimacy in Local ...


Menkel-Meadow, C, "Symposium: Pursuing Settlement in an Adversary Culture: A Tale of Innovation Co-opted or 'The Law of ADR" (1991) 19 Fla. St. U.L. Rev.1 ..


Rosemary Howell | UNSW LAW


Dr. Howell has over 30 years of experience as a lawyer, strategic planner, educator .. professional engagement in alternative dispute resolution techniques and .. Rosemary currently teaches Dispute Resolution at both an undergraduate and ..


Published Conference Papers


able to do' not just 'what lawyers need to know'. The rise of ADR education in law schools underscores the central role of lawyers in. ADR practice.


The Case of Confidentiality - QUT Law and Justice Journal


by R FIELD - Family Court of Australia, the Queensland Law Society, the Law Society of NSW, the Law. Institute of Victoria, Lawyers Engaged in ADR – Association of Dispute ..


Alternative Dispute Resolution LAWS70018 - Subject Details


Melbourne Law School · Melbourne Law Masters .. life for lawyers, business people and anyone who works with more than one other person. This Alternative Dispute Resolution subject provides an overview of the range of dispute resolution ..


E Law: It's the Process that Counts - Professionalising Mediation in ...


Some practicing lawyers were receiving training in mediation and tried to use mediation in their practice. Increasingly, mediation and ADR were taught in law ..


Clinical program - Griffith University


Griffith Law School operates eight clinical courses for undergraduate law students, offering .. in community legal centres or more specialised clinics including ADR and refugee law. .. Offered twice each year in conjunction with Nyst Lawyers.


Introduction - ePublications@bond - Bond University


Bond Law Review, introduction, alternative dispute resolution .. This issue of the Bond Law Review is devoted to developments in alternative dispute ... of the emerging duty on lawyers as gatekeepers of the disputing universe to advise ..


[RTF]LAWS3365 Alternative Dispute Resolution S1 2011


Rich Text Format - Welcome to Alternative Dispute Resolution (ADR). Despite the fact that only a very small percentage of cases ever proceed to trial, Law School education has ..


Will Privately-Supplied ADR Keep Growing in Japan? - Japanese ...


Japan's Legal Profession (and ADR and Legal Education) at a Crossroads .. 72 of the Lawyers Law (criminally) prohibited legal services provided other than by ..


COMMERCIAL ALTERNATIVE DISPUTE RESOLUTION


by MJ Fulton - (July 1988) Law Society Journal 29 and the formation of a professional organisation LEADR (Lawyers Engaged in Alternative Dispute Resolution) by lawyers in ..


Including Lawyers in Family Law Mediations:


by RM Field - 2004 - Report No 67 AGPS Canberra 1994. See also Mack Kathy 'Alternative Dispute Resolution and Access to Justice for Women' (1995) 17 Adelaide Law Review ..


Master of Dispute Resolution | UNSW LAW


This program is suited to those lawyers who wish to focus on dispute resolution to support their practice; Alternative Dispute Resolution professionals who are ..


Dr Becky Batagol - Researcher Profile - Monash University


Becky works in the Faculty of Law at Monash University as a Lecturer. .. Douglas, K., Batagol, B., 2010, ADR and non-adversarial justice as sites for .. Lawyers and Family Dispute Resolution, Queensland University of ..


Staff profiles > Faculty of Law: The University of Western Australia


Howieson, J. Family Law: the lawyer-client relationship, procedural justice and the dispute resolution process, ADR Bulletin, Volume 10, ..


SHOULD JUDGES BE MEDIATORS?


concept of alternative dispute resolution ("ADR") was unheard of. ... and lawyers; and, thirdly, the way that law students are educated.


East meeting West in the mediation marketplace


by N Alexander - 2003It has been accepted for inclusion in ADR Bulletin by an authorized .. Chinese dispute resolution has enjoyed a very .. Chinese lawyer living in Singapore, a ..


ADR and government


by L Boulle - 2002It has been accepted for inclusion in ADR Bulletin by an authorized administrator of .. on a point of law and that the past .. rules to recognise the role of lawyers ..


COLLABORATIVE LAW: DISPUTE RESOLUTION COMPETENCIES ...


by M AKScott - solutions.8 Fairman supports the view that although a collaborative lawyer may be helping the clients to resolve a dispute, that lawyer is 'still engaged in a representational .... cogently demonstrates why ADR mechanisms have not brought the ..


Undergraduate Law @ Sydney - Combined Law - LLB - Future ...


The University of Sydney - Sydney Law School .. skills to pursue my interest in international development and alternative dispute resolution." ..


Non-adversarial justice - Monash University


Traditional legal education, with its focus on case law and judicial .. Non-adversarial justice is a focus on non-court dispute resolution or on processes .. and include alternative dispute resolution (and its component processes such .. system and how lawyers operate (and are perceived to operate) within it.


The Court System and ADR Procedures


by SL Streetcourt system and ADR procedures in the resolution of disputes. In so doing I am, I believe, fulfilling the expectation of the distinguished maritime lawyer, whose ..


Misrepresenting What Mediation Can Do: The Theory and Practice ...


by RM Field - 2006 - Queensland Law Society, the Law Society of NSW, the Law Institute of Victoria, Lawyers Engaged in ADR –. Association of Dispute Resolvers (LEADR), the ..


Professor Joellen Riley - Sydney Law School - The University of ...


Joellen is a Fellow of the Commercial Law Association. .. Riley, J, 'Dispute Resolution and Enforcement' in R Owens, J Riley & J Murray, The Law of .. Riley, J, 'The New Conflict Managers: A Critical Assessment of ADR Methods under Work ..


"Educating lawyers in ADR" by Laurence Boulle


by L Boulle - 2005 - Boulle, Laurence (2005) "Educating lawyers in ADR," ADR Bulletin: Vol. 8: No. 2, Article 2. Available at: http://epublications.bond.edu.au/adr/vol8/iss2/2 ..


Legal issues in the mediation process


by R Angyal - 1998 - It has been accepted for inclusion in ADR Bulletin by an authorized administrator of ... Contributions to The ADR Law Bulletin for 1999 are welcome. Please submit .. create options for settlement of the dispute. The lawyer can assist in drafting ..


Enhancing inter-professional relationships in a changing family law ...


working relationships between family lawyers and family dispute resolution .... alternatives to trial was recognised in 1996 when the Family Law Reform Act ..


Dale Bagshaw Home Page


Advisory to the Attorney-General on the Family Law Act 1975 and the .. Policy, Practice, and Legislative Needs of Alternative Dispute Resolution (ADR) Fields of ..


Lise Barry@Macquarie Law


LAW208 Law Lawyers and Society (Convenor) .. Alternative Dispute Resolution, Public International law, Juvenile Justice, Restorative Justice, ..


Field, Rachael --- "Federal Family Law Reform in 2005: The ...


by R FIELDD Lawyers Assisting Women In Informal Family Dispute Resolution: Coach, .... [111] Further, the inclusion of alternative dispute resolution subjects in legal ..


Future directions of dispute resolution | UNSW Newsroom


The future shape of dispute resolution including the role of the judge and .. the role of lawyers in alternative dispute resolution processes; the future .. For more details and a full speakers' list go to the Faculty of Law website.


Teaching and learning skills: Increasing a sense of law school ...


by J Howieson - The study reveals that the Alternative Dispute Resolution (ADR) unit, .. not intending to practise as lawyers, their sense of belonging to the Law ..


Reflections on commercial dispute resolution


by GA Moens - 2004 - growing awareness among lawyers and business people that litigation is not the .. elaboration of ethical standards for the industry, notably by the Law Council of .. Fulton's book Commercial Alternative Dispute Resolution, published in 1989, ..


The fog has not lifted â•fl section 198J of the NSW Legal Profession ...


by A Lakhani - 2006 - It has been accepted for inclusion in ADR Bulletin by an authorized .. As part of the legal profession lawyers .. reasonably arguable view of the law that ..


Mediation and Improvisation: Teaching Mediators to Improvise the ...


by K Douglas - 21 See for example Leonard Riskin, 'Mindfulness in the Law and ADR: The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to ..


Commercial Alternative Dispute Resolution: by Maxwell J Fulton


by L Boulle - 1990It has been accepted for inclusion in Bond Law Review by an authorized ... formation of LEADR (Lawyers Engaged in Alternative Dispute Resolution), ..


Law, Deakin University


Deakin's courses in law have a distinct orientation towards .. as moot courts and alternative dispute resolution, practical skills training, .. law association, the profession, law graduates and members of Deakin's School of Law.


Amanda Carrigan - School of Accounting & Finance - Charles Sturt ...


Lecturer in Law - Charles Sturt University Financial Services Law,; Alternative Dispute Resolution education .. on the Commercial Lawyers Association Legislative Review Task Force.


FINDING THE BEST ON-LINE DISPUTE RESOLUTION SERVICE ...


Finding the best on-line dispute resolution service, and why lawyers should care. As alternative dispute resolution (ADR) and on-line dispute resolution (ODR) ... Dispute Resolution (ODR)' (2003) International Review of Law Computers and ..


LAW421 Dispute Resolution.docx - Dean's Welcome, Law ...


For lawyers ADR skills and techniques will be an additional tool to manage, .. research interests include WTO and International Trade, Banking Law and Policy, ..


"Guidelines for lawyers in mediations" by Mary Walker


by M Walker - 2007 - The Guidelines for Lawyers in Mediation (Guidelines) are based on the work of the members of the Law Council Alternative Dispute Resolution Committee and ..


Dispute Resolution Centre News Volume 32


Law at Bond and currently Chair of the Family Law Council of Australia. .. and abroad. Laurence Boulle will serve a further spell as Editor of the ADR Bulletin published ... Corporate Lawyers as Negotiators - McCullough Robertson. Lawyers ..


LAW3441 Natural Resources Law - University of Southern ...


More is expected of the modern energy and resources lawyer than mere transaction work. Alternative dispute resolution is particularly important. There is always ..


Commercial Dispute Resolution in Australia : some trends and ...


by P Dwight - 1989 - is also a need for lawyers who know how to use the various processes well, .. Arbitration and ADR are games played in the 'shadow of the law', and in the ..


Published Conference Papers


The teaching of Alternative Dispute Resolution (ADR) is undertaken in a number of law ... 'Mindfulness in the Law and ADR: The Contemplative Lawyer: On the ..


Mediation - On the Rise in the United Kingdom?


by M Nesic - 2001 - This Article is brought to you by the Faculty of Law at ePublications@bond. .. The author is a lawyer, ADR consultant and trainer, and mediator in the UK. She is ..


Recent developments in ADR


by L Boulle - 2001from flp@ag.gov.au or from the Family Law. Pathways at Attorney General's Department,. Robert Garran Offices, National Circuit,. Barton ACT 2600. q. ADR in ..


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