Alternative dispute resolution, Business Law and Ethics

Assignment Help:

"The liability of third party neutrals has been a topic of concern ever since the formalisation of dispute resolution in Australia.  Although there are no known cases in Australia of a third party neutral being sued for breach of contract, fiduciary duty or negligence, there is always the possibility that proceedings will be brought against a third party under such a cause of action.  This type of action needs to be distinguished from a mere failure to advise where the third party neutral is for example a lawyer, which would probably attract sanctions under the Legal Profession Act 1987 (NSW) for unprofessional conduct or professional misconduct."

1. What are origins of and the policy justifications for according immunity from suit to ADR neutrals?   Do you agree with these justifications?   Give reasons for your answer.

2. What are the possible sources of immunity from suit applicable to ADR neutrals and to what causes of action might such immunity apply?

Notes:

1. Each element of your answer should, in particular, discuss whether and, if so, how immunity may apply to both non-judicial and judicial ADR neutrals, in particular:

                (i) Mediators;

                (ii) Conciliators;

                (iii) Arbitrators; and

                (iv) Independent experts.

2. You should cite any relevant legislation, case law, policy documents and guidance issued by ADR institutions and institutional procedural rules in support of your answer.  Comparison with overseas jurisdictions would be appropriate.

3. For the avoidance of any doubt, your answer must discuss immunity from suit for ADR neutrals only.  You must not discuss the liability of third party legal advisers.


Related Discussions:- Alternative dispute resolution

Loans given for necessaries - void contracts, Loans Given for Necessaries -...

Loans Given for Necessaries - Void Contracts       It may happen that an infant asks someone to a loan for buy necessaries like school uniforms or textbooks.  Therefore the per

Payee - negotiable instruments, Payee - Negotiable Instruments Some th...

Payee - Negotiable Instruments Some the payee like: (i) Section 7(1) gives such where a bill is not payable for the bearer, such the payee must be named otherwise indicated

Analyse the link between csr and competitiveness, Question 1 "CSR can play...

Question 1 "CSR can play a key role in contributing to sustainable development while enhancing Europe's innovative potential and competitiveness" Critically analyse the link be

What do you understand by business ethics, QUESTION 1 (1) What do you u...

QUESTION 1 (1) What do you understand by business ethics? (2) How can an ethical climate be improved in an organization? QUESTION 2 Explain the importance of stakeho

Valid but irregular allotments -allotment of shares , Valid But Irregular A...

Valid But Irregular Allotments: An allotment of shares is valid but irregular under S.52 (3) if it was made before the time of the opening of the subscription lists. The secti

How can an employee invoke constructive dismissal, Question 1: "Constru...

Question 1: "Constructive Dismissal is inherently different from dismissal in the sense that it is the employee who necessarily takes the initiative in considering the contrac

Non-payment of cheques, Non-Payment of Cheques A banker's authority ab...

Non-Payment of Cheques A banker's authority about pay a cheque that will be determined or that terminated through: like; (a) Countermand of payment, below s.75 (a). the Act

Writ system - equity, Writ System: Further a person intending to comme...

Writ System: Further a person intending to commence an action on common law had to acquire a 'writ' from the government department which was authorized to concern writs.  A wr

Contract for work and materials, Contract for Work and Materials In Ro...

Contract for Work and Materials In Robinson v Graves a dispute arose over an agreement below such an artist had promised to make a portrait about 250 guineas. So query had to

Give five differences between law and ethics, QUESTION (a) In scientifi...

QUESTION (a) In scientific ethics, list four fundamental principles of scientific research? (b) Give five differences between law and ethics (c) When does a ‘Conflict of

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd