Alternative Dispute Resolution
Alternative dispute resolution is a term that is used to describe a variety of different processes that can help people to resolve conflicts and disputes. The word ‘alternative’ is usually understood to mean that these processes are an alternative to going to court and having a decision made by a judge. Alternative dispute resolution is frequently referred to simply as ‘ADR’.
Advantages of ADR
ADR processes are generally faster and less expensive than pursuing litigation through the courts. In addition, ADR processes allow the people in dispute, in consultation with the dispute resolution practitioner, to retain more control and, with the exception of some determinative processes such as arbitration, to determine the outcome. ADR processes may also be less damaging to personal and professional relationships than the adversarial processes involved in a traditional court hearing. Even where ADR does not fully resolve a conflict, it may help the participants to see the other person’s point of view and to identify the key issues that are in dispute. That may mean that even though the dispute is not fully resolved in the ADR process itself, a resolution will be reached sooner than it would have been if ADR had not been used.
ADR processes vary quite widely depending upon the skills and qualifications of the practitioner, the organisation that provides them and/or the nature of the dispute that is to be resolved.
As ADR processes differ so widely, anyone who is thinking of using an ADR process should ask the service provider to tell them exactly what the process involves. In particular, you might ask whether the process is simply intended to assist the parties to reach their own agreement (eg facilitative processes such as many mediation processes) or whether advice will be given about the matters in dispute or the outcome (eg advisory processes such as conciliation) or whether a decision will be made about the outcome (eg determinative processes such as arbitration).
The National Alternative Dispute Resolution Advisory Council (NADRAC)
NADRAC is an independent advisory council that was established by the Commonwealth Attorney‑General in October 1995. More information about ADR can be found on the NADRAC website.
Family Dispute Resolution
If your family has separated or is separating and you would like more information about that, including the availability of family dispute resolution practitioners, you can visit Family Relationships Online.
Information for family dispute resolution practitioners is available at www.ag.gov.au/fdrproviders.