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Should mediation form part of the pre-trial civil litigation process in all cases? Give reasons for your answer.

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The pros and cons of using Alternative Dispute Resolution practices to resolve conflicts rather that litigation.

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Should mediation form part of the pre-trial civil litigation process in all cases? Give reasons for your answer.
Topics this document covers:
Dispute resolution Conflict process) Peace Alternative dispute resolution Mediation Conciliation Arbitration Community Mediation Centre National Arbitration and Mediation
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Topics this document covers:
Dispute resolution Conflict process) Peace Alternative dispute resolution Mediation Conciliation Arbitration Community Mediation Centre National Arbitration and Mediation
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1 ________________ Using Alternative Dispute Resolution (ADR) as part of pre-trial litigation in civil matters is strongly advocated Australia wide. In Federal and Victorian jurisdictions there is a strong emphasis on encouraging parties to resolve disputes outside the confines of legal proceedings and to reach an outcome satisfying to all involved.1 In Victoria Section 47 of the Civil Procedure Act 2010 (Vic) s7 states ‘the overarching purpose of this Act and the rules of court in relation to civil proceedings is to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute’.2 ‘Appropriate Dispute Resolution’ is defined to mean a process agreed to by the parties or as directed by the court.3 The aim of using ADR is to assist in just determinations, early settlement in cases of public interest, efficiency of the...
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