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November 25, 2022

Dispute Resolution and the role of legal practitioners

Question for ALL students Dispute Resolution and the role of legal practitioners:

Consider the following statement made by Justice Hayne at the Sino-Australian Seminar in Beijing in 2002. The remarks reflected the views of the legal profession towards dispute resolution 20 years ago:

… it is relevant to speak of the rule of law in connection with dispute resolution only if the dispute concerns legal enforceable rights and duties and only if the parties to the dispute wish or are required to have their dispute determined in accordance with those rights and duties.

1 Reflect on the above statement and discuss the role of dispute resolution in the present context of the Australian legal profession.

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