Litigation as a Measure of Last Resort: Opportunities and Challenges for Legal Practitioners with the Rise of ADR
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Legal Ethics 14 (1):1-20 (2011)
The transformative effects of alternative dispute resolution (ADR) practices and processes in Australia are wide spread and far reaching. The move away from adjudication affects legal institutions, legal practitioners and the judiciary. As lawyers play a key role in the administration of justice, the transition to ADR transforms many areas of legal practice. This article considers the rise of ADR in Australia in the non-criminal law context, the manner in which ADR changes the way in which law is practised, and the associated ethical challenges confronting the legal profession
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