The Aus Experience of Legislated Pre-Action ADR Requirements
The Aus Experience of Legislated Pre-Action ADR Requirements
Paper and PowerPoint
Forum 2016

Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.  The legislated pre-litigation ADR initiatives are designed to pressure lawyers into mediating much earlier in the litigation cycle.  This requires a different mediation style, one that is relationship based and facilitative with more of a focus on the soft skills of the mediator.  This paper will discuss the challenges and opportunities for lawyers and mediators in the emerging collaborative economy.

Greg Rooney
57.60
 

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