Overview

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

Full Product Details

Author:   Sonya Willis (Macquarie University, Sydney)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Edition:   New edition
Dimensions:   Width: 17.00cm , Height: 2.50cm , Length: 24.50cm
Weight:   0.873kg
ISBN:  

9781316606346

ISBN 10:   1316606341
Pages:   500
Publication Date:   13 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Part I. Civil Disputes and their Means of Resolution: 1. Introduction to civil dispute resolution; 2. Balancing competing objectives – the key themes of civil dispute resolution; 3. Access to justice and open justice; 4. Alternatives to court: ADR; 5. Managing court resources through ADR and summary disposition; 6. Lawyers, legal costs and their role in civil dispute resolution; 7. Managing resources through specialist courts and tribunals; Part II. Litigation: The Crucial Last Resort: 8. Interactions between parties and the courts; 9. Commencing proceedings; 10. Parties and pleading; 11. Party documents – the voyage of discovery; 12. Obtaining relevant information (alternatives to interparty discovery); 13. Protection of documents: privilege and confidentiality; 14. Witness evidence pre-trial; 15. Trial preparation and attendance; 16. Judgment, appeals and enforcement.

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Author Information

Dr Sonya Willis is a senior lecturer at Macquarie Law School.  Sonya researches and teaches primarily in civil procedure and private international law. Sonya is currently engaged in researching the potential for an online litigant vulnerability assessment tool.

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