Differential Advantages of Litigation and ADR in Common Law and Civil Law Countries | LawCPD.com.au

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


Course Info

CPD Points 1
Competency Substantive Law

Courses by this Author

This course provides lawyers with insights from an insider into the process of judicial fact-finding and decision-making in the context of civil appeals, criminal appeals and international inquiries. 

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Author Profile

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

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.

Course Summary

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.

Course Details

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.

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