Your Guide to Dispute Resolution
Your Guide to Dispute Resolution contains basic information about common Alternative Dispute Resolution (ADR) processes, as well as some tips for using ADR and resolving disputes generally. It is a resource to help ordinary Australians understand a bit more about ADR. It will also be useful for practitioners, who can use it to inform their clients about ADR processes.
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What is alternative dispute resolution?
In an ADR process an independent third person helps people to resolve their dispute. ADR processes do not include judicial determinations, such as decisions made by a court or tribunal.
Dispute management is where disputes are identified and managed early and effectively. Some key strategies to manage disputes include:
- responding promptly and sensitively to disputes
- assessing disputes to determine appropriate responses
- resolving disputes in a timely manner.
There are three main types of ADR processes:
- facilitative
- advisory
- determinative.
Facilitative
This process is where a dispute resolution practitioner assists the parties to a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement about some issues or the whole dispute.
Examples of facilitative processes include mediation, conciliation, facilitation and facilitated negotiation.
Advisory
This process is where a dispute resolution practitioner considers and appraises the dispute and provides advice as to the facts of the dispute, the law, and, in some cases, possible or desirable outcomes and how these may be achieved.
Examples of advisory processes include: case appraisal, conciliation (where advice is offered or used) and (early) neutral evaluation.
Determinative
This process is where a dispute resolution practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a determination.
Examples of determinative processes include: arbitration, expert determination and private judging.
Definitions of common ADR terms, including many of the ADR processes available, can be found in the document Dispute Resolution Terms on the NADRAC publications webpage.
National Alternative Dispute Resolution Advisory Council (NADRAC)
NADRAC was an independent non-statutory body established in October 1995 that provided expert policy advice to the Attorney-General on the development of ADR and promoted the use of alternative dispute resolution.
NADRAC concluded in late 2013 following the whole-of-government decision to simplify and streamline the business of government. NADRAC has made substantial contributions to the development and promotion of ADR in Australia. Previous NADRAC publications have been archived and can be found on the National Library of Australia Trove website.
Source
Material via Attorney-General’s Department https://www.ag.gov.au/ © Commonwealth of Australia 2024
Used under Creative Commons Attribution 4.0 International licence
