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Reforming Civil Procedure and Alternative Dispute Resolution

Authors: Sourdin, Tania;

Reforming Civil Procedure and Alternative Dispute Resolution

Abstract

Whilst civil procedure reforms within Australia and internationally have changed court management and adjudicatory processes, partly by influencing judicial, practitioner and disputant behaviours, they have also had an impact on Alternative Dispute Resolution (ADR) and how it is being used to manage and resolve disputes in a range of jurisdictions. Civil procedure legislation has, in some circumstances, regulated, supported and extended the use of ADR. In addition, overarching obligations to disclose, discuss and comply with certain standards when litigating and to meet overarching objectives to resolve disputes in just, timely and cost effective ways have increasingly been applied to ADR processes that are "court-connected". There are, however, significant variations between Australian jurisdictions in respect of the obligations that may apply to practitioners, disputants and others as a result of civil procedure reforms and the extent to which these impact on ADR processes and on the way in which negotiations are undertaken. This chapter considers civil procedure developments in three jurisdictional areas (New South Wales, Victoria and at the Commonwealth level) and contrasts the differing approaches taken.

Country
Australia
Related Organizations
Keywords

alternative dispute resolution, 320

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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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