Alternative Dispute Resolution in the legal system
ADR is often seen as an effective way for parties to settle a dispute outside of the confines of a court of law. ADR allows people to gain access to the law who would otherwise be left in the dark. By using ADR, parties can come to an agreement privately and remain on good terms with each other.
Many individuals struggle to gain access to the law for reasons such as cost, social standing and fear of discrimination. No one person can understand every law however we are expected to be aware of the laws that regulate our activities on a daily basis. Individuals who have emigrated from other countries may not understand or be familiar with our legal system which bases itself on the English legal system, which has a different structure to the legal systems of many of the immigrant's homelands. People who have lived their whole lives in Australia may also be ignorant of the law and regions of legal assistance as they may have little or no contact with lawyers, courts and the legal system itself.
ADR comes in many forms. Mediation is an ADR process where an independent third party, the mediator, assists the people in dispute to identify the disputed issues, as well as develop options, consider alternatives and try to reach an agreement. Conciliation is an ADR process where an independent third party, the conciliator, also helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. A conciliator may have professional expertise in the subject matter in dispute and will generally provide advice about the issues and options for resolution. However, a conciliator will not make a judgment or decision about the dispute. Arbitration is another ADR process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination. Arbitration is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality
Many individuals struggle to gain access to the law for reasons such as cost, social standing and fear of discrimination. No one person can understand every law however we are expected to be aware of the laws that regulate our activities on a daily basis. Individuals who have emigrated from other countries may not understand or be familiar with our legal system which bases itself on the English legal system, which has a different structure to the legal systems of many of the immigrant's homelands. People who have lived their whole lives in Australia may also be ignorant of the law and regions of legal assistance as they may have little or no contact with lawyers, courts and the legal system itself.
ADR comes in many forms. Mediation is an ADR process where an independent third party, the mediator, assists the people in dispute to identify the disputed issues, as well as develop options, consider alternatives and try to reach an agreement. Conciliation is an ADR process where an independent third party, the conciliator, also helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. A conciliator may have professional expertise in the subject matter in dispute and will generally provide advice about the issues and options for resolution. However, a conciliator will not make a judgment or decision about the dispute. Arbitration is another ADR process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination. Arbitration is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality