LLB103 Lecture Notes - Lecture 2: Adversarial System
Document Summary
Dr is being mentioned in statutes as something that needs to be done before or during litigation. Court-annexed dispute resolution the court refers parties to a dr process that might be conducted by an employee of the courts, or to a private dr body. Accrediting bodies and schemes (also provide training) don"t need accreditation to be an adr practitioner. The spectrum moves from informal/consensual processes where the parties retain control and decide the outcome of their dispute to formal/adjudicative processes where the parties cede control and a third party neutral decides the outcome. Nadrac, 2003, p. 7: mediation, facilitation, facilitated negotiation, advisory processes (consensual) Are processes in which a dispute resolution practitioner considers and appraises the dispute and provides advice as to the facts of the dispute, the law and, in some cases, possible or desirable outcomes, and how these may be achieved. ". Nadrac, 2003, p. 4: conciliation, case appraisal, case presentation, mini-trial, early neutral evaluation, determinative processes (adjudicative)
