Is ADR taking over?

A recently published article came across my desk today and I thought it was worth mentioning here in our blog, because it covers a newer form of dispute resolution in a highly commercialised area of law: takeover disputes. I admit I don’t know much about takeover law and maybe that’s because so many of us involved in dispute resolution are not commercial law-type people. That’s a shame because commercial law and ADR should and do go hand in hand.

Ian Ramsay, Professor of commercial law at the University of Melbourne, has recently published this excellent article on takeover panels as an alternative to litigation for resolving takeover disputes. The Australian Takeover Panel has operated since 2000 and was established to reduce tactical litigation by target companies wanting to resist takeover bids. The takeover panels, according to Ramsay, has proven a low- cost and efficient forum for the resolution of takeover disputes and is used by both private parties and regulators such as ASIC.
The piece is worth a read, whether you are commercially- minded or not.

 

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This entry was posted in Uncategorized by Dr Becky Batagol. Bookmark the permalink.

About Dr Becky Batagol

Dr Becky Batagol is a senior lecturer in law at the Faculty of Law, Monash University. In 2017, she is the President of the Australian Dispute Resolution Research Network. She is a researcher and teacher with a focus on family law, family violence, non-adversarial justice, dispute resolution, gender, child protection and constitutional law. Becky is the co-author of Non-Adversarial Justice (2nd ed, 2014), Bargaining in the Shadow of the Law? The Case of Family Mediation (2011) and the author of many academic articles. Becky is the chief-editor of the ADR Research Network blog and tweets regularly under the handle @BeckyBatagol.

One thought on “Is ADR taking over?

  1. Thanks Becky. The paper is indeed worth a read. You have also highlighted the fact that the ADR field contains a remarkable array of processes that are constantly being developed and refined. It is easy for us to lose track of it all. The commercial field has seen some truly creative and effective dispute resolution activity. Ian Hangar QC and his work in developing SEAM (Senior Executive Appraisal Mediation) is yet another example well worth some scrutiny.

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