Faculty of Business and Law

Legal Resources

Civil Procedure and Alternative Dispute Resolution

Civil Procedure | Alternative Dispute Resolution

Civil Procedure

Australia

Ashby's Grimoire - The Legal Costs Page
A site hosted by Legal Costs consultants in Victoria - provides some information about legal costs, the difference between party/party and solicitor/client costs etc.

Subscription services

Subscription services
Available to Deakin staff and students including: Practice and Procedure - High Court and Federal Courts (LexisNexis) and Springvale Legal Service's lawyers practice manual (Victoria) (LexisNexis)

Reports

Beyond the door-keeper - standing to sue for public remedies
Australian Law Reform Commission Report 78 (1996)

Contribution Between Persons Liable for the Same Damage
New South Wales Law Reform Commission Report 89 (1999). Includes an Introduction and sections on: Solidary Liability, Where Contribution Arises, When Contribution Arises and Procedure.

Judicial and case management
Australian Law Reform Commission - Adversarial Background Paper No 3 (December 1996)

Managing Justice: A review of the federal civil justice system
ALRC Report No 89 - report reflects the law as at 31 December 1999. The Discussion Paper (no 62) for this report is also available.

Seen and heard: priority for children in the legal process
Australian Law Reform Commission Report No 84 (30 September 1997)

Set-off
New South Wales Law Reform Commission Report 94 (2000). Includes an Introduction and sections on: the Statutes of Set-Off, The Need for Reintroduction, Implementation of the Reintroduction and Reform of the Law under the Statutes of Set-off

The unrepresented party - adversarial background paper no. 4
Australian Law Reform Commission background paper - December 1996

Cases

Astley v Austrust Limited (2000) 197 CLR 1; [1999] HCA 6 (4 March 1999) - whether duty to take reasonable care should be implied into solicitor/client contract

Boral Resources Pty Ltd v Robak Engineering & Construction Pty Ltd & Anor; FCH Consulting Pty Ltd v Wimmera-Mallee Rural Water Authority & Anor [1999] 2 VR 507; VSCA 66 (20 May 1999) (Court of Appeal) (Joinder of parties - building contracts)


Alternative Dispute Resolution

Review of the adversarial system of litigation: ADR and its role in federal dispute resolution
Australian Law Reform Commission Issues Paper 25 -June 1998

Australia

Australian Commercial Disputes Centre
Located at AustLII; this includes information about the Centre, ACDC Dispute Resolution Methods, ACDC Dispute Resolution Guidelines and other useful resources

Alternative Dispute Resolution (AustLII)
Links to relevant sites and reports/papers

LEADR
The ADR Professional's Organisation. Sections on accreditation, communication, facilitation, education and information.

National Alternative Dispute Resolution Advisory Council
Independent body responsible for providing policy advice to the Commonwealth Attorney General on ADR. 

Other

See also International Arbitration

ADR, Arbitration and Mediation
Legal Internet Guide from LexisONE. Includes links divided into the following sections: Practice Resources, Codes & Statutes, Federal Agencies, Legal Publications, Legal Community, Legal Subject Outlines, Legal Technology and Legal Research. US Orientation

British Columbia International Commercial Arbitration Centre
Includes information about the BCICAC, ADR, domestic arbitration, international arbitration, rules, fees, forms, panel of experts etc.

Dealing with a competitive approach in Mediation
Article by Jeffrey Krivis at Mediate.com

Drafting an Arbitration Clause - A Checklist
By Gary H. Barns of Downs Rachlin & Martin - at Hieros Gamos. Dated 1997 and US based.

Heiros Gamos - ADR Resources

Mediate.com - Mediation Information and Resource Centre
Includes resolution information, over 800 articles, news briefs and legislation and much more (US-based)

The National Arbitration Forum (US)
This site provides a comprehensive look at the arbitration process and the benefits of advanced dispute resolution (ADR). The site contains sections headed: 'About the Forum' (includes Why Arbitrate?, Choose the Forum, Forum arbitrators and common questions), 'Forum Library' (Code of Procedure, Forms Archive, Arbitration Law and Articles), 'Sample Clauses' (Standard Business, Employment, Financial Services), 'Mediation Services' (Request form and rules), 'File a Claim', 'Press Releases', 'Due Process Standards for Consumers' and it provides contact information. The Forum was founded in 1986 and is one of the largest providers of alternative dispute resolution (ADR) services in the nation.  The Forum is a nationwide network of professional arbitrators and mediators, comprised of former judges, litigators, and law professors.  The Forum's nationwide and international panel of ADR legal professionals decide business, consumer, employment and insurance matters. 

US Code - Title 9 - Arbitration
This is the relevant federal legislation in the US for arbitration

Why Mediation Works
Article by Michael J Roberts (1998).

WWW Virtual Library: Arbitration
Covers various jurisdictions - International Arbitration, Commercial Arbitration, ADR, Mediation, Conciliation and other methods of private dispute resolution. This site provides information on dispute resolution, a diary of events (including conferences etc), a geographic index, hot topics, international bodies for commercial arbitration and listings – there are over 300 links.

Deakin University acknowledges the traditional land owners of present campus sites.

7th June 2013