There are increasingly close structural links between the courts and ADR procedures in Australia. This is resulting in the courts becoming more involved in the defining and redefining of ADR processes as ‘satellite’ litigation occurs around dispute resolution issues. This causes a deepening of the shadow of the law being cast over mediation, case appraisal and other alternatives to litigation. The long term implications of these trends remain to be seen.
"Extending the courts’ shadow over ADR,"
10, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol3/iss10/1