MyAssignmentServices uses cookies to deliver the best experience possible. Read more

Remedies and Advanced Legal Skills - Answer 1

Introductory Commentary

Dr FIX Broken Bones is an exceptionally prominent and occupied specialist orthopedic specialist. The specialist is likewise very careful. Dr Bones secretary is an overprotective woman whose name is Ms Enormous Dragon. Ms Large Dragon enviously shields the specialist from lawful firms that call. Ms Large Dragon demands that all courses of action for 'her primary care physician' to give proof must be recorded as a hard copy to her. The data gave by the administering accomplice Ms HAP Hazard is that she has summoned Dr Broken Bones to give proof at the hearing. Mr Bones should likewise deliver his notes. Ms Risk has requested to draft an email to Ms Mythical serpent unmistakably plotting all the referenced game plans for her primary care physician.

E-Mail

From: XYZ firm

To: Ms BIG Dragon

Subject: Information regarding the facilities by XYZ Firm.

This is to bring to your notice that according to the facts and information provided by you to our firm also, have mentioned about the conditions of Dr FIX Broken Bones have to be cleared and outlined properly to make a clear draft of the entire matter proposed by the parties. As you have mentioned that Dr Bones effectively worked on my customer engine cyclist, Mr A N Angry Bikey, this will be at the knowledge about the customer's very own physical issue guarantee. Likewise, at some point and time that the specialist is accessible to give proof is on the second day of the consultation between 2: 00 and 4: 00 pm.

The senior advice of the customer is certain and she can get the respondent to concur mediate Dr Broken Bones somewhere in the range of 2:00 and 4:00 pm on the second hearing day. Likewise, our firm uses Five Star Limousine Service (T) 9299 4567 (M) 0409 945 567. The limousine can get the specialist from his administration rooms and prosecute him. The driver at that point can sit tight for Dr Broken Bones and afterwards return him to his rooms or as the Dr. directs the driver. Therefore, it shall be important for Dr Broken Bones to share his contact details with the driver as it is important for the driver to have the contact details of the passenger to contact him or her. Concerning Dr Broken Bones, the number will help with liaising for the get up at court. The limousine driver will ring you when outside the specialist's room at 1:45.

Further, the leaving outside the court is bit troublesome and the driver may need to leave the vehicle at some good ways from the court. Dr Broken Bones can ring the driver in the wake of finishing his proof to mastermind the get. Additionally, try to get the number of the limousine driver to doctor.

Do not forget to get the numbers of the parties to each other, bring all the evidence to the court and the timings of the driver to pick and drop the client. The driver shall be available in the service of Dr FIX Broken Bones so the contact details should be provided to the driver. Dr Broken Bones shall also produce the notes of the evidence to keep the records. The arrangements done by our firm shall help Dr FIX Broken Bones in reaching the court smoothly and any fuss. Besides, to which I would like to inform you that the transport facility of our firm has a practice in regards to transporting expert witnesses.

The essentials regarding pieces of evidence, driver, the contact details, hearing, preparing of the notes by Dr FIX Broken Bones should be kept in mind while dealing the things and should be clearly outlined and provided to the council. As it is important to have every detail provided for the clear and for the sake of the matter in the court. Other facilities shall be managed and look after us.

Thank you

Regards

XYZ firm

Remedies and Advanced Legal Skills - Answer 2

Introductory Commentary

Alternative Dispute Resolution or ADR is an alternative which continues to gain increasing amounts of popularity because of its ability to give the disputants a chance to decide their controversies outside of the formal legal system in mutually supportive and innovative ways. It is an agile style, is more relaxed, and less expensive compared to the traditional ones. ADR processes include arbitration and conciliation, along with mediation.

In ADR, generally, a non-interested intercessor; akin to a referee, aids all disputing parties to arrive at a mutual consensus as a solution to their controversy. The motivating factor for ADR is that the persons involved in disagreement would get together and have a meeting.

What Is ADR?

“Alternative Dispute Resolution”, also called ADR, is a process used to resolve quarrels without a lawsuit or the interference of a court. This method of settling disagreements is mostly cheaper and quicker. It is being used more and more in cases where the alternative was the creation of formal lawsuits such as prominent disagreements regarding workforce issues, lawsuits for divorcing, and suits filed for recovering damages.

A main cause for the involved persons to opt for ADR would be that the procedure is mostly a combined effort and allows the disputants to see the mutual problems and reach solutions which give some relief to both the sides, unlike regular formal hearings. ADR also helps find innovative ways out of their quarrels which regular courts might lack the power to execute.

There are majorly three kinds of ADR processes: Arbitration, Conciliation and Mediation

"Arbitration" is where the parties make arguments and submit pieces of evidence to an independent referee called "the arbitrator", who resolves the issue.

“Conciliation” is a process in which a neutral outsider, called “the conciliator”, gives help to the disputing individuals so that they can recognize their issues, find solutions, study substitute possibilities and try reaching an agreement.

“Mediation” is that practice in which “the mediator”, a neutral third-party, helps the disputing parties recognize their issues, find solutions to the quarrel and look at other ways to resolve the same as well as try to reach a mutually agreed arrangement.

Why ADR?

Swift and Inexpensive: ADR is a way to give the disputing parties a chance to solve their disagreements using the aid of an independent, non-interested person. ADR is normally quicker and cheaper as compared to formal courts. It also could save countless hours because it can help reach agreements in a matter of a few months. A formal court of law would take many years to do the same. ADR is also pocket-friendly and avoids unwanted spending, such as charges for the services of attorneys as well as saving precious time wasted in making rounds to courts and attorney offices, and as a result, cut down stress caused by court appearances and time and money wasted.

Parties have the wheel: ADR further allows the parties to remain the regulator of their dispute since it allows the disputing persons to say their side of the story and also hold a vote in the ultimate result. As a result, ADR leads to more elastic solutions than a formal court by agreeing on settlements that a court does not have power to pass, such as changing the policy or practice of business. 

Focus on issues which matter: Further, ADR shifts the focus of the proceedings from the parties' rights and obligations under the law, over to issues which are dearer to the people involved in the dispute. It also allows disputants to figure out more malleable or innovative choices through determining each of their demands and the reasons for the same.

Preventing enmity: Alternate Dispute Resolution also shields personal relations and affairs by giving the parties a chance to unite and reach a commonly-benefitting solution to their problem. It has been shown that opting for ADR instead of courts produces better endings and so ADR is a more adequate solution to the parties.

Discretion is a priority: Privacy is an additional benefit of Alternate Dispute Resolution, because those people who are invited are exclusive attendees of an ADR session, whereas, informal courts, the procedure is commonly openly held and are public records, which even the press can attend. Finally, ADR allows more people to get access to justice because even people who are so poor that they are unable to pay for court expenditure or spend on legal fees have a chance to reach an agreement through an alternative resolution mechanism.[1]

Remedies and Advanced Legal Skills - Answer 3

Introductory Commentary

Gulf Sorghum Limited develops exactly 10,000 hectares of sorghum crop in the locale of the Gulf of Carpentaria in Queensland. It has gone into a drawn-out gracefully contract with Australian Biofuels Limited, which produces ethanol and enormous diesel. Further, it has been discussed about the arbitration, mediation and conciliation. What do all the three processes mean and what is the method of all the three mediums to justice.

The contract therefore framed shall be on the cascade basis and is related to the dispute resolution clauses of the contract. Alternate Dispute Resolution is a term used to describe several different modes of resolving legal disputes.

Alternative Dispute Resolution

Dispute Resolution is an imperative cycle for making public activity tranquil. Debate goal measure attempts to determine and check clashes, which empowers people and gathering to keep up co-activity. It would thus be able to be claimed that it is the "wrongdoing qua non" of public activity and security of the social request, without which it might be hard for the people to carry on the coexistence.

Alternative Dispute Resolution (ADR) is a term used to depict a couple of exceptional strategies for settling genuine inquiries. It is experienced by the business world similarly as normal individuals that it is impracticable for certain individuals to report guarantees and get the ideal value. A part of the ADR process in Australia is governed by the existing act.[2] The Courts are aggregated with plans achieving deferral of the year or more for the social events to have their cases heard and picked. To handle this issue of conceded value ADR Mechanism has been made in like manner thereof.[3] Elective discussion redressal technique is all things considered continuously perceived in the field of law and business divisions both at National and International levels. Its various methods can help the social occasions with settling their inquiries at their terms reasonably and expediently. Elective discussion redressal systems are despite the Alternative inquiry redressal methods can be used in every single antagonistic issue, which is prepared for being settled, under law, by comprehension between the social events.[4] Elective inquiry redressal methodology can be used in a couple of characterizations of discussions, especially friendly, business, present-day and family debates. Structure the investigation of the distinctive elective question redressal procedures in the parts of the procedure it is discovered that, elective debate redressal techniques offers the best arrangement in regard of business debates where the financial development of the country rests. Wide scope of the cycle are characterized as elective question redressal measure regularly, debate goal measure that is an option in contrast to the settling through Court procedures are alluded to as elective question goal strategies. These strategies ordinarily include an outsider alluded to as impartial, a talented partner who either helps the gatherings in a debate or struggle to reach at a choice by understanding or encourages in showing up at an answer for the issue between the gathering to the question. The elective debates goal instrument by the very philosophy utilized, it can safeguard and improve individual and business connections that may some way or another be harmed by the antagonistic cycle. It is additionally adaptable because it permits the hopefuls to pick methodology, which fir the idea of the question and the business setting in which it happens.

Expert Appraisal / Case Appraisal

Case appraisers evaluate the benefits of each gathering's case and settle on a choice about the contest, which is explicitly stated. Form 36 - Case appraiser's authentication.[5]

Arbitration

Arbitration is a settled in and by and large used plans to end questions. It is one of a couple of kinds of Alternative Dispute Resolution, which outfit social affairs to a conversation with a choice other than a suit.[6]

Mediation

Mediation is a dynamic, sorted out, a smart cycle where an unbiased outcast helps addressing social occasions in settling battle utilizing specific correspondence and trade systems.[7] The approach which has been adopted is, to begin with, a precedent then refined the precedent through their drafting. Queensland's courts fuse an extent of courts, including the Magistrates Court, District Court and Supreme Court. These courts hear normal and criminal cases: Common cases are inquiries between in any event two social affairs (people or affiliations) where one get-together sues the other, ordinarily for pay for hurt done or incident upheld. Criminal contentions incorporate offences against the more broad system, going from littering to execute. Judges Courts can hear cases in 131 zones all through the state, while the Supreme and District Courts sit in 11 and 38 territories separately. Judges in like manner travel ordinarily all through the state to hear cases in regional towns and far off districts.

In the current issue, Gulf Sorghum Limited develops around 10,000 hectares of sorghum crop in the locale of the Gulf of Carpentaria in Queensland. It has gone into a drawn-out flexibly contract with Australian Biofuels Limited, which produces ethanol and enormous diesel, so according to the Act of 1990, it is said to provide and maintain the clauses of the Arbitration and Mediation also for the Arbitrator or any Mediator. Sections and Clauses have provided the details for arbitration and mediation. As per Section 22 of the Act says about the establishment of the dispute resolution centres which informs about the dispute resolution centres that may be established and operated following this Act to provide the services of mediation.

Bibliography for Alternative Dispute Resolution

A Articles/Books/Reports

Law Council of Australia, Alternative Disputes Resolution (2020), https://www.lawcouncil.asn.au/policy-agenda/access-to-justice/alternative-dispute-resolution

Legal Services Commission of South Australia, Expert Appraisal (2014) (Law Handbook), https://lawhandbook.sa.gov.au/ch27s10s06.php

Local Court (2015). Benefits of alternative disputes resolution, https://www.localcourt.justice.nsw.gov.au/Pages/adr/benefits_adr.aspx#:~:text=Alternative%20dispute%20resolution%20(ADR)%20gives,expensive%20than%20going%20to%20court.&text=reduce%20stress%20from%20court%20appearances%2C%20time%20and%20cost.

Michelle Makela, Alternative Disputes Resolution in Queensland (2016), https://www.gotocourt.com.au/civil-law/qld/alternative-dispute-resolution/ 

WIPO (2020). What is Arbitration? World Intellectual Property Organization, https://www.wipo.int/amc/en/arbitration/what-is-arb.html

WIPO (2020). What is Mediation? World Intellectual Property Organization, https://www.wipo.int/amc/en/mediation/what-mediation.html

B Legislation

Civil Disputes Resolution Act, 2011 (No. 17 of 2011)

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

Get It Done! Today

Applicable Time Zone is AEST [Sydney, NSW] (GMT+11)
Not Specific >5000
  • 1,212,718Orders

  • 4.9/5Rating

  • 5,063Experts

Highlights

  • 21 Step Quality Check
  • 2000+ Ph.D Experts
  • Live Expert Sessions
  • Dedicated App
  • Earn while you Learn with us
  • Confidentiality Agreement
  • Money Back Guarantee
  • Customer Feedback

Just Pay for your Assignment

  • Turnitin Report

    $10.00
  • Proofreading and Editing

    $9.00Per Page
  • Consultation with Expert

    $35.00Per Hour
  • Live Session 1-on-1

    $40.00Per 30 min.
  • Quality Check

    $25.00
  • Total

    Free
  • Let's Start

Get
500 Words Free
on your assignment today

Browse across 1 Million Assignment Samples for Free

Explore MASS
Order Now

Request Callback

My Assignment Services- Whatsapp Tap to ChatGet instant assignment help

Hire Certified Experts
Ask your Question
Need Assistance on your
existing assignment order?