Differential Advantages of Litigation and ADR in Common Law and Civil Law Countries

Substantive Law

CPD Points 1

In an increasingly interconnected world, it is important for Australian lawyers to understand the international context in which they operate in relation to both litigation and ADR.

Alternative dispute resolution often provides quicker, cheaper and more conclusive means in which to settle disputes than traditional court-based proceedings.  
This course examines the benefits of ADR when compared to court proceedings in an international context.  It explores factors which impact on the efficiency of court proceedings in different countries, particularly in the Asia-Pacific region, and discusses the practical implications of recent research done in this area.
In particular, the author discusses the differences between the English common law tradition adopted in Australia and the civil law tradition which operates in the majority of countries in the Asia-Pacific region.  The consequences of these differences and their impact on dispute resolution – both ADR and court proceedings – is also discussed.

Author Profile

LawCPD author: The Hon Michael Kirby AC CMG

The Hon Michael Kirby AC CMG

Michael Kirby was, until 2 February 2009, one of the seven Justices of Australia's highest constitutional and appellate court, the High Court of Australia.

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