Alternative dispute resolution (ADR) encompasses dispute resolution processes by which matters are resolved outside the usual court-based litigation model. The aim of ADR is to encourage the settlement of a dispute between parties with the assistance of a neutral person.
ADR includes processes such as:
- assisted negotiation
- expert appraisal
- mediation
- conciliation
- evaluation
- early neutral evaluation
- mediation-arbitration.
(adapted from Encyclopaedic Australian Legal Dictionary)
Resources
Dispute Resolution : A Practitioner's Guide to Successful Alternative Dispute Resolution by ISBN: 9780455236056Publication Date: 2019
- Australasian Dispute ResolutionProvides a comprehensive guide to law and procedure regarding alternative dispute resolution (ADR) in Australia and New Zealand
- Civil Justice Research OnlineA repository of Australasian research and news relevant to individuals and organisations with an interest in the areas of civil justice and alternative dispute resolution (ADR). Administered by the Australian Centre for Justice Innovation (ACJI), Monash University.
- The Law HandbookLook under arbitration or mediation in the index.
Use the legal commentary library guide to search for journal articles in law and general academic journal article databases.
- Cardozo Journal of Conflict Resolution (1998 - present)Jurisdiction: United States
- Conflict Resolution and Negotiation Journal (2006 - present)Jurisdiction: International
- Conflict Resolution Quarterly (2001 - present)Jurisdiction: United States
- Dispute Resolution Journal: of the American Arbitration Association (1993 - present)Jurisdiction: United States
- Harvard Negotiation Law Review (1996 - present)Jurisdiction: United States
- Journal of Dispute Resolution (1988 - present)Jurisdiction: United States
- Negotiation Journal (1985 - present)Jurisdiction: International
- Access to Justice Arrangements (Productivity Commission Inquiry Report)Released in December 2014 the report examined the accessibility of the justice system
- ADR: Its Role in Federal Dispute Resolution (Australian Law Reform Commission)A review of the adversarial system of litigation and the place of alternative dispute resolution. Issued in June 1998
- Alternative Dispute Resolution as a Tool for Social Change (Australian Human Rights Commission)Considers the broader debate about the role of ADR as a tool for social change and social justice and discusses the potential for ADR
- Alternative Dispute Resolution for Defamation (Alternative Libel Project)Feasibility study to investigate ways of resolving libel claims outside the High Court, published in March 2012
- Civil Justice Review (Victorian Law Reform Commission)Launched in May 2008 the Commission's report contained recommendations to make civil litigation in Victoria cheaper, simpler and fairer
- Evaluation of Alternative Dispute Resolution Initiatives in the Care and Protection Jurisdiction of the NSW Children’s Court (Australian Institute of Criminology)Evaluation to assess the implementation and effectiveness of alternative dispute resolution. Final Report 2012
- Family Violence: A National Legal Response (Australian Law Reform Commission)The final report into family violence was tabled out of sitting and launched in November 2010
- Inquiry into Alternative Dispute Resolution (Law Reform Committee, Parliament of Victoria)Inquiry into alternative dispute resolution (ADR), including restorative justice tabled in Parliament in May 2009
- Managing Justice: A Review of the Federal Civil Justice System (Australian Law Reform Commission)A four year inquiry tabled in February 2000 which considered the need for a simpler, cheaper and more accessible legal system
- A Strategic Framework for Access to Justice in the Federal Civil Justice System (Attorney-General's Department)The Access to Justice Taskforce's framework was released in September 2009
- Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report 138)The Australian Law Reform Commission report, Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report 138), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC on 2 August 2022.
- Government Response to Australian Law Reform Commission Report 138: Without Fear or Favour: Judicial Impartiality and the Law on BiasIn 2020, the Australian Law Reform Commission (ALRC) was asked to consider whether, and if so what, reforms to the law relating to impartiality and bias as they apply to the federal judiciary are necessary and desirable.
The Australian Government welcomes and supports the recommendations made in this report in its response.