4 November 2009
LAUNCH OF ALTERNATIVE DISPUTE RESOLUTION REPORT
Attorney-General, Robert McClelland, today launched the National Alternative Dispute Resolution Advisory Council (NADRAC) Report into alternative dispute resolution in the civil justice system.
In June last year, the Attorney asked NADRAC to enquire into and identify strategies to remove barriers and provide incentives to promote the greater use of appropriate dispute resolution options as an alternative to formal litigation.
The report titled, The Resolve to Resolve: Embracing ADR to Improve Access to Justice in the Federal Jurisdiction, finds that alternative dispute resolution (ADR) remains significantly underutilised and that a key barrier is a lack of knowledge and understanding amongst the profession, litigants and the general public.
The report contains 39 recommendations aimed at improving the ADR system and encouraging its greater use, including:
- imposing a legislative obligation on prospective litigants to seek to resolve disputes before they go to court;
- developing a National ADR Protocol to promote the consistent application of ADR principles and processes;
- requiring lawyers and the courts to provide appropriate information or advice to consumers in relation to ADR processes;
- developing a standards framework to improve the quality of ADR services;
- developing judicial case management courses focussing on ways in which judges can identify matters suitable for ADR techniques and processes;
- supporting the development of strong community and private ADR services;
- providing a model dispute resolution clause as a template that may be voluntarily adopted in contractual documents;
- requiring Commonwealth agencies to include dispute resolution clauses in contracts; and
- improving data collection, evaluation and research to inform an evidence-based policy approach.
NADRAC undertook an extensive consultation process and evaluated submissions from Commonwealth, State and Territory Governments, dispute resolution providers, courts, tribunals and the public.
The Government will closely examine the report’s recommendations, which complement and build on our commitment to improve access to justice.
A copy of the report is available at www.nadrac.gov.au.
