Setting aside agreements reached at court annexed mediation: procedural grounds and the role of unconscionability

Cockburn, Tina L. & Shirley, Melinda J. (2003) Setting aside agreements reached at court annexed mediation: procedural grounds and the role of unconscionability. The University of Western Australia Law Review, 31(1), pp. 70-86.

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There is an emerging body of case-law concerning the circumstances in which an agreement reached at mediation may be set aside both at law and in equity. In such cases procedural aspects of the mediation in question are often challenged and equitable intervention may be sought on the basis of an alleged unconscionalbe bargain. This article considers some of the circumstances in which a mediation agreement may be set aside at law or in equity.

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ID Code: 7918
Item Type: Journal Article
Refereed: Yes
Additional Information: For more information, please refer to the journal's website (see hypertext link) or contact the author:
ISSN: 0042-0328
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2003 (The author)
Deposited On: 30 May 2007 00:00
Last Modified: 12 Feb 2015 00:32

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