The growth, development and institutionalisation of alternative dispute resolution (ADR) processes in Australia have paved the way for a changing legal culture. Whilst the adversarial process underpins the Australian legal system, the theory and practice of ADR has allowed a broadening of attitudes towards conflict resolution. In Victoria, collaborative rather than adversarial approaches to justice have been put into practice in 'problem-solving courts'. This development evidences an institutional shift from adversarial justice towards the greater inclusion of non-adversarial dispute resolution processes. Contemporary best practice lawyering demands recognition and acceptance of this change. Legal educators and regulators must also act on the new reality of lawyering.

This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.

True Crime/Law/Current Affairs/Political Science and Government Provocation Sparkman use thought-provoking cases to illustrate the failures of a trial system we revere only because we have been told it is the best in the world — a system we have been too arrogant to question. Charley “I won’t leave any witnesses next time.” Charley stated after being sentenced to ten years for the rape of three women. He subsequently pulled just over two years. Dwayne I asked Dwayne when he would stop committing crimes. He smiled his warm smile and replied. “When I’m dead.” Myth America has the greatest and fairest legal system conceived by the mind of man. Truth America has a trial system that cannot control crime and has legal services that are too complex and too expensive. More Truth We have a large legal profession — criminal defense lawyers — who labor to return drunk drivers to our streets, burglars to our homes, and child molesters to our neighborhoods. Revelation It works! We have the highest crime rate in the world with no apparent remedy other than surrendering our rights and building a police state. Solution Scrap our trial system and build a new one, effecting the most fundamental change in American government since 1789. Read Failed Justice, then send it to our leaders.

Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.

Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.

This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.

Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.