Alternative dispute resolution, case management and the rule of law

Laurence Boulle, Bond University

Document Type Journal Article

Boulle, Laurence (2002), Alternative dispute resolution, case management and the rule of law. The National Legal Eagle, September 2002, pp. 8-11.

Copyright ©The Law Society of New South Wales , 2002.

Reproduced with permission.

Abstract

Extract:

Australians have the right of access to the courts, where they can afford it? Yes, that's trite. After all access to the courts is guaranteed by Magna Carta, the Australian constitution and the Rule of Law (unless the High Court refuses special leave). Well perhaps it was, but that's no longer quite so obvious. The Rule of Law (RL) is currently being challenged by the conjoint twins of case management (CM) and alternative dispute resolution (ADR).