Flashcards in Week One Deck (10):
1
key dispute resolution processes
- negotiation
- mediation
- conciliation
- arbitration
- litigation
2
ADR includes...
All processes other than litigation.
3
The Civil Dispute Act
s 3 of the act ensures that parties take genuine steps to resolve their disputes before civil proceedings are instituted.
4
Federal Court of Australia Act 1976
s 53A allows a court to refer a matter of mediation or arbitration.
5
Australian Solicitors Conduct Rules
rule 7.2 of the rules states that legal practitioners have a duty to advise clients about alternatives to litigation.
6
Emotions and ADR
emotions are not important in litigation, this is another benefit of ADR processes.
7
positive professional identity
Means to value your professional role and see it in a positive light.
8
selection of DR processes
when parties decide to use a non-curial DR process, they make a selection based on the desired level of:
- informality
- disputant involvement
- consensuality
- intervention by a third party.
9
Dispute resolution history
first bought about by Americal litigation lawyer Eric Green.
10