Title

Mediation and Other ADR Processes

Date of this Version

1-1-2006

Document Type

Book Chapter

Publication Details

Boulle, Laurence (2006) Mediation and ADR Processes is a chapter in A Guide to Arbitration Practice in Australia (second edition) Waye, Vicki, editor; University of Adelaide and Institute of Arbitrators and Mediators Australia, 2006.
To obtain a copy of this publication contact the Institute of Arbitrators and Mediators Australia

2006 HERDC submission

Abstract

This chapter deals with the main features and principles of mediation and other alternative dispute resolution processes. While they are hardly new in social organisations, mediation and alternative dispute resolution have become prominent features of the legal and dispute resolution landscapes in contemporary Australia. They have been promoted by a range of varying, and at times, contradictory, factors. These include alternative philosophies of dispute resolution, new understandings of conflict and disputes, perceived shortcomings in the legal system, changing consumer demands and fashions, economic imperatives of cost and delay, entrepreneurial activities by providers of alternative dispute resolution services, and other societal forces. In the context of the legal system they are motivated in terms of the much-publicised shortcomings in the court system generally and litigation in particular. The developments that have emerged from these philosophies and pressures have lead to permanent changes in the way in which conflicts and disputes are approached, managed and resolved in contemporary societies. © Copyright IAMA

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This document has been peer reviewed.