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

Problems of international policy coordination, Problems of international po...

Problems of international policy coordination The previous section presented examples countries which were motivated to overcome Pareto inefficiency by coordinating their econo

Determine the reasons of policy perspective, Determine the reasons of polic...

Determine the reasons of policy perspective The term system is needed for two reasons: i) It encompasses all sovereign states and therefore possesses the virtue of being com

Game theoretic approach to multiparty coalition, Game theoretic approach to...

Game theoretic approach to multiparty coalition The seminal work, for the study of game theoretic approach to multiparty coalition formation is Ricker's (1962) titled the theor

Liability by estoppel, Liability by Estoppel Anyone who presents himse...

Liability by Estoppel Anyone who presents himself or permits himself for be represented, further by words, conduct or writing as the partner about another person like  persons

Statutory task force on phoenix activity, Q. Statutory task force on phoeni...

Q. Statutory task force on phoenix activity ? A long term option could be the establishment of a statutory task force on phoenix activity. This could be supported by all the re

Period within which the dismissal itself must be effected, QUESTION 1 O...

QUESTION 1 One of the main ingredients of a system of collective bargaining is the right to join and participate in the activities of a trade union. What is the extent of this

Disadvantages of stare decisis - rigidity, Disadvantages of Stare Decisis -...

Disadvantages of Stare Decisis - Rigidity However the case law method of administration of justice has been criticized on the grounds which it leads to rigidity because the di

Function of the court, Function of the Court: In Scottish Insurance Co...

Function of the Court: In Scottish Insurance Corporation Ltd v. Wilsons & Clyde Coal Co. Lord Simmons stated: "But important though its task is to see that the procedure by

Explain about the tort of negligence, Explain about the tort of negligence....

Explain about the tort of negligence. A form of civil wrong where a contract doesn’t exist among the two parties and this is not a crime where punishment is the major goal to t

State differences between law and ethics, Question 1: (a) State five di...

Question 1: (a) State five differences between Law and Ethics. (b) Define what is meant by a ‘code of ethics' and state its importance for engineers. (c) Define the followin

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