Week One

Question 1

key dispute resolution processes

Answer 1

• negotiation
• mediation
• conciliation
• arbitration
• litigation

Question 2

ADR includes…

Answer 2

All processes other than litigation.

Question 3

The Civil Dispute Act

Answer 3

s 3 of the act ensures that parties take genuine steps to resolve their disputes before civil proceedings are instituted.

Question 4

Federal Court of Australia Act 1976

Answer 4

s 53A allows a court to refer a matter of mediation or arbitration.

Question 5

Australian Solicitors Conduct Rules

Answer 5

rule 7.2 of the rules states that legal practitioners have a duty to advise clients about alternatives to litigation.

Question 6

Emotions and ADR

Answer 6

emotions are not important in litigation, this is another benefit of ADR processes.

Question 7

positive professional identity

Answer 7

Means to value your professional role and see it in a positive light.

Question 8

selection of DR processes

Answer 8

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.

Question 9

Dispute resolution history

Answer 9

first bought about by Americal litigation lawyer Eric Green.

Question 10

Arbitration agreement definition

Answer 10

an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect to a defined legal relationship, whether contractual or not.