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

Probabilistic operations research assignment help, Need help in a journal p...

Need help in a journal paper review. The following are the criteria: - Choose a journal paper in the general area of probabilistic operations research - recently published

Explain law making treaties, Explain Law making treaties Law making tre...

Explain Law making treaties Law making treaties are those treaties which come into existence because of lack of customary laws related to a particular issue and in order to mak

Welfare of the community act 1962 , Helen Brown's husband Mark was recently...

Helen Brown's husband Mark was recently charged with an offence under the Welfare of the Community Act 1962 (Qld).  It is likely that Helen will be called as a witness against hi

Rules for purchase of own shares, Rules for Purchase of own shares: So...

Rules for Purchase of own shares: So now next despite the rule in Trevor V Whitworth a company may purchase or acquire its own shares in the following cases: a) Where it ac

Compulsory winding up, Compulsory winding up: At the hearing other cre...

Compulsory winding up: At the hearing other creditors of the company may oppose the petition.  If so, the court is likely to decide in favour of those to whom the larger amoun

Law institutions and delegation of authority, Law institutions and delegati...

Law institutions and delegation of authority How time-consistency plays a significant role in policy process. The problems induced by the heterogeneity leading to the problem o

What was the state responsibility, Normal 0 false false fal...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

What are the rights and duties of an agent, Question 1 What are the rig...

Question 1 What are the rights and duties of an agent? Question 2 (a) What is the significance of the passing of property i) where the contract is an agreement to se

Faith irrational , Jake grew up in a passionately devoted religious communi...

Jake grew up in a passionately devoted religious community.  He has been taught from a young age that an invisible, all-powerful God loves him.  He was also taught that he will be

Discuss legal relationship between a bank and its customer, Question 1: ...

Question 1: Discuss the legal relationship between a bank and its customer with reference to the responsibilities of the parties towards each other. Question 2: This qu

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