LLB103 Lecture Notes - Lecture 1: Alternative Dispute Resolution, Reflective Practice
LLB103 DISPUTE RESOLUTION LECTURE 1
Lecture Outline:
●The importance of non-adversarial approaches to legal practice and advocacy.
●Appreciating the value of, but also taking critical perspective of, the adversarial legal system.
●Supporting the development of your emerging sense of a positive professional legal identity.
Reflective practice assignment in Week 10 is due Tue 8 May, 11.59 pm.
When referencing in short response exam:
(Authour, year of publication, p. #)
Alternative Dispute Resolution
ADR is an umbrella term for processes, other than judicial determination, in which an impartial person assists
those in a dispute to resolve the issues between them. ADR is commonly used as an abbreviation for alternative
dispute resolution, but can also used to mean assisted or appropriate dispute resolution. Some also use the term
ADR to include approaches that enable parties to prevent or manage their own disputes without outside
assistance (NADRAC, 2003, p.4).
Criticising the term ADR
●Firstly, it is wrong to talk about other processes as ‘alternative’ in terms of litigation; they’re not strict
alternatives. In most cases you do both. You might negotiate first and then mediate with a party.
However, if the mediation is unsuccessful, then you would head towards litigation.
●To say ‘alternative’ suggests that you can choose to do these processes then litigate which is not
correct.
●Secondly, the term ‘alternative; suggests that other processes are deemed less important which is also
not correct. In these processes, every aspect is as valuable as litigation.
●By saying that ADR is good and litigation is bad is a simplistic approach of thinking.
The key processes:
●Negotiation
●Mediation
●Conciliation
●Case appraisal
●Arbitration
●Litigation
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The importance of non-adversarial approaches to legal practice and advocacy. Appreciating the value of, but also taking critical perspective of, the adversarial legal system. Supporting the development of your emerging sense of a positive professional legal identity. Reflective practice assignment in week 10 is due tue 8 may, 11. 59 pm. When referencing in short response exam: (authour, year of publication, p. #) Adr is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them. Adr is commonly used as an abbreviation for alternative dispute resolution, but can also used to mean assisted or appropriate dispute resolution. Adr to include approaches that enable parties to prevent or manage their own disputes without outside assistance (nadrac, 2003, p. 4). Firstly, it is wrong to talk about other processes as alternative" in terms of litigation; they"re not strict alternatives. You might negotiate first and then mediate with a party.
