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Best practice: How to cut litigation costs
Best practice: How to cut litigation costs

 Samuel Woff 01 Jul 2016

As lawyers we primarily see three types of disputes. Type 1 disputes are where the parties are in fundamental disagreement as to what occurred. This is the “he said, she said” type of dispute. Type 2 disputes are where the parties more or ...

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A change of the test for conflicts in family law matters, or merely a clarification?
A change of the test for conflicts in family law matters, or merely a clarification?

 Steven Sapountsis 23 Jun 2016

One of the joys of being a member of the Council of the Law Institute of Victoria is the privilege of being able to serve on the Ethics Committee...

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A message from the ATO
A message from the ATO

 LIV Media 21 Jun 2016

The ATO is keen to hear from the profession and meets periodically with representatives from the respective state and territory bar and law associations to discuss a range of matters...

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Fast-track dispute resolution
Fast-track dispute resolution

 Steven Sapountsis 16 Jun 2016

In the recent federal government Access to Justice review, conducted by the Productivity Commission, there was considerable focus on, and promotion of, alternative dispute resolution processes as a way of avoiding the high...

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From the LIV
From the LIV

 Law Institute Journal 01 Apr 2016

The financial and emotional costs of parties engaged in an adversarial court or tribunal process in matters involving a statutory common law and “no fault” scheme such as transport or workplace accidents, can be substantially...

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Getting to yes sooner
Getting to yes sooner

 Steve White 01 Apr 2016

A preliminary phone conference between the mediator and the parties is just one way of reaching a resolution sooner. In 1991, as part of a “how to sell course” I undertook while working for IBM, I was given a copy of Fisher and Ury’s...

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The merit of NPV
The merit of NPV

 Alexandra Fogarty 01 Apr 2016

Monetary and other costs will have a major influence on whether to settle for a discounted amount at mediation. A simple net present value formula can help with the decision-making. Many lawyers will glaze over...

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Technology in mediation
Technology in mediation

 Nussen Ainsworth and Meghann Clark 01 Apr 2016

While technology will not replace the role of the mediator, there are technological tools that practitioners can use to support their existing practice. Online dispute resolution (ODR) is a lesser known tool under the... 

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Ready, Set, Go
Ready, Set, Go

 Jonathan Kaplan 01 Apr 2016

Thoroughly preparing yourself and your client for mediation and adopting a conversational rather than adversarial role could be the key to a successful mediation. Some time ago, a solicitor marched into a...

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