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- December 23, 2024
Issues of Consent: An Unconscious Person Can Never Consent
A Case study -The Pelicot trial By Michael J. Tyler Consent is foundational to human relationships, autonomy, and the law. It forms the ethical and legal cornerstone for interactions ranging from medical procedures to intimate relationships. At its core, consent is the voluntary, informed, and uncoerced agreement to engage in a specific activity. Despite its […]
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- November 25, 2024
Analysis: Alternative Dispute Resolution for Trademark Disputes
Alternative Dispute Resolution (ADR) refers to a collection of methods used to resolve disputes without resorting to litigation. In the realm of intellectual property (IP) law, particularly trademark disputes, ADR offers an efficient, cost-effective, and flexible alternative to court proceedings. As the global economy grows increasingly competitive, trademarks have become invaluable assets, making disputes over their use, registration, or infringement more frequent. This essay explores the role of ADR in trademark disputes, the methods used, its advantages, and its challenges.
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- November 12, 2024
Mandatory Reporting of Child Abuse and Neglect
Mandatory reporting of child abuse and neglect is a legal requirement for professionals in specific roles to report suspected child abuse to designated authorities.
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- November 3, 2024
Analysis: Marriage of Rice and Asplund in Australian family law
By Michael J. Tyler In the Marriage of Rice and Asplund a foundational case in Australian family law, particularly regarding modifications to parenting orders and the best interests of the child. This case set an important precedent for family dispute resolution (FDR) by establishing the “threshold test” for altering existing parenting arrangements. It underscores the […]
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- October 31, 2024
Opinion: The Transformative Impact of Family Dispute Resolution on Australian Families
By Michael J. Tyler Family Dispute Resolution (FDR) has quietly but powerfully transformed how Australian families navigate separation and conflict, moving away from the adversarial system to a more cooperative and constructive process. With family disputes, especially those involving children, on the rise in Australia, FDR offers a meaningful path toward healing and mutual understanding. […]
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- September 28, 2024
The Future of ADR vs. Adversarial Law: A New Era of Dispute Resolution
By Michael J. Tyler As the world becomes increasingly interconnected and disputes become more complex, the legal system is evolving. Traditional adversarial law, rooted in courtroom battles, continues to serve as the cornerstone of many legal systems worldwide. However, Alternative Dispute Resolution (ADR) is steadily gaining ground as a more flexible, cost-effective, and collaborative approach […]
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- May 21, 2024
Online Dispute Resolution: What are the advantages?
online dispute resolution – alternativedisputeresolution.com.au One of the main factors that motivates the implementation of online dispute resolution (ODR) is the requirement for cost-effective availability of legal recourse. For numerous issues of lesser value, the potential gain is worth less than the expenses associated with initiating official legal proceedings or obtaining legal counsel. Even in […]
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