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Mediating Risks: Investigating the Use of Alternative Dispute Resolution in Australian Federal Courts Through the Risk Society Paradigm
Presentation

Mediating Risks: Investigating the Use of Alternative Dispute Resolution in Australian Federal Courts Through the Risk Society Paradigm

Rhain Buth
Department of Criminology Presentation Series
Department of Criminology Presentation Series (Melbourne, Australia, 24-Oct-2006)
University of Melbourne
2006

Abstract

Law dispute resolution
While we have common conceptions of what risk is and how it aids in conceptualizing aspects of contemporary society, Ulrich Beck has put forward a body of theory on the subject, which he calls the risk society paradigm. Beck believes that certain foundational aspects of society are coming undone, a radical claim to be sure, and that thinking through aspects of risk will provide insight into those transformations that are to come. This socio-legal discussion will investigate Beck's claims in relation to Alternative Dispute Resolution (ADR) and its institutionalization in Australian Federal Courts. By drawing upon the risk society paradigm, I will raise three interrelated points that will be the platform for further discussion: (1) the changing nature of legal decision-making spaces, (2) the legalization of ADR professionals and (3) how ADR is being called upon, in many instances, as a form of equity. Paper presented at the Department of Criminology Presentation Series, University of Melbourne, 24 October 2006.

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