- Title
- Reforming civil procedure and alternative dispute resolution
- Creator
- Sourdin, Tania
- Relation
- Ten Years of the Civil Procedure Act 2005 (NSW): A Decade of Insights and Guide to Future Litigation p. 191-208
- Publisher
- Lawbook Co
- Resource Type
- book chapter
- Date
- 2015
- Description
- 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.
- Subject
- alternative dispute resolution
- Identifier
- http://hdl.handle.net/1959.13/1356567
- Identifier
- uon:31721
- Identifier
- ISBN:9780455236858
- Language
- eng
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