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

Find out the ethical issues of the organization, Select a manufacturing org...

Select a manufacturing organization and find out the ethical issues of the organization in the following areas: Production: Marketing & sales: Human Resources & employee relatio

Business Ethics, do u have this book (richard t degeorge business ethics)

do u have this book (richard t degeorge business ethics)

Types of general meeting - meetings and resolutions, Types of General Meeti...

Types of General Meeting: The Statutory Meeting           By section 130 every public company limited by shares and every public company limited by guarantee and having a

Describe the evolution of health and safety legislation, Question 1: Mr...

Question 1: Mr Ben is the director of ABC Ltd. He wishes to know whether he has any responsibility under the OSHA regarding the presence of the following in his enterprise:

Compulsory change - change of name , Compulsory Change: Section 20(2) ...

Compulsory Change: Section 20(2) of the Act provides that within six months of registration with a particular name the registrar may direct a change in name if in his opinion

State law concerning use of force, State law concerning use of force ...

State law concerning use of force The law concerning use of force is a contentious area in international law. In pre-modern times, the state territory was extended by occupyi

Assets and liabilities of the company, Assets and liabilities of the compan...

Assets and liabilities of the company: Within 14 days of the making of the order for winding up a statement of affairs must be delivered to the liquidator (Official Receiver)

Meeting is unnecessary - meetings and resolutions, Meeting is Unnecessary -...

Meeting is Unnecessary - meetings and resolutions: The purpose of holding general meetings with all the formality which this entails is to give to each member the opportunity

What objections and should be made, Defendant, Jones, is charged with sever...

Defendant, Jones, is charged with several counts of possession of drugs and weapons. In the early morning hours, a 911 caller reported: "I hear a loud disturbance from Joe Jones' a

Spill over effects of monetary policy, Spill over Effects of Monetary Polic...

Spill over Effects of Monetary Policy There are three broad ways in which aggregate demand policies in one country can spillover to affect another country. These are the real i

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