Australian ADR Developments and Practice Directions

<p>To offer ADR-related policy advice to the Attorney-General. (D)</p> Signup and view all the answers

<p>Taking responsibility for one's own contribution to the dispute. (A)</p> Signup and view all the answers

<p>Early resolution to address power imbalances. (B)</p> Signup and view all the answers

<p>Which ADR processes are appropriate for different types of disputes. (A)</p> Signup and view all the answers

<p>Knowledge about ADR should be shared accurately with the broader community and the other party. (A)</p> Signup and view all the answers

<p>To examine the financial implications for those seeking legal help. (A)</p> Signup and view all the answers

<p>It is too slow, expensive, and adversarial. (C)</p> Signup and view all the answers

<p>Due to fear of costs and uncertainty about assistance. (B)</p> Signup and view all the answers

<p>Lawyers sometimes benefiting from prolonged disputes. (D)</p> Signup and view all the answers

<p>It altered the behaviour of the Family Court and Federal Circuit Court. (C)</p> Signup and view all the answers

<p>Fees should be more systematic and less confusing. (D)</p> Signup and view all the answers

<p>It can hinder dispute resolution. (C)</p> Signup and view all the answers

<p>They are less equipped in dealing with legal disputes. (D)</p> Signup and view all the answers

<p>The duty to the court and the administration of justice. (D)</p> Signup and view all the answers

<p>Inform the client about alternatives unless the solicitor believes the client already understands such methods. (C)</p> Signup and view all the answers

<p>To facilitate the expeditious resolution of issues at minimum expense. (D)</p> Signup and view all the answers

<p>Their primary goal is to achieve a fair and just outcome, by resolving conflict in the most effective means. (C)</p> Signup and view all the answers

<p>The Act is the primary power, and Regulations sit alongside it. (D)</p> Signup and view all the answers

<p>Prioritizing personal gain over client needs. (C)</p> Signup and view all the answers

<p>Client interest is important, but secondary to the solicitor's duty to the court and justice administration. (D)</p> Signup and view all the answers

<p>To govern how proceedings are conducted in courts and tribunals. (D)</p> Signup and view all the answers

<p>As early as is reasonably applicable. (A)</p> Signup and view all the answers

<p>To ensure the client understands those alternatives, so an informed decision can be made. (C)</p> Signup and view all the answers

<p>The proceeding is stayed whilst the ADR process is ongoing. (B)</p> Signup and view all the answers

<p>To provide clear and timely advice, so that clients can make informed decisions. (C)</p> Signup and view all the answers

<p>To make a genuine attempt to resolve their dispute. (D)</p> Signup and view all the answers

<p>The primary concern must be the proper administration of justice. (A)</p> Signup and view all the answers

<p>To resolve or narrow issues in dispute. (A)</p> Signup and view all the answers

<p>Not necessarily, the FCR asks parties to consider which type of resolution they are pursuing. (D)</p> Signup and view all the answers

<p>Litigation (B)</p> Signup and view all the answers

<p>To exchange relevant information in advance (D)</p> Signup and view all the answers

<p>A registrar (D)</p> Signup and view all the answers

<p>At any stage of the proceeding (C)</p> Signup and view all the answers

<p>The parties' consent (B)</p> Signup and view all the answers

<p>An award of cost against a party (A)</p> Signup and view all the answers

<p>Within 5 months of commencement of a proceeding (C)</p> Signup and view all the answers

<p>Dispute resolution being conducted electronically or in separate rooms (B)</p> Signup and view all the answers

<p>Private mediation, private, legal aid facilitated or community-based FDR, and arbitration with consent. (A)</p> Signup and view all the answers

<p>Within 5 months. (C)</p> Signup and view all the answers

<p>Forcing parties to attend and engage in conciliation or arbitration. (C)</p> Signup and view all the answers

<p>To place themselves and each other party in the most informed position possible, including by providing sufficient disclosure and obtaining any required valuations. (D)</p> Signup and view all the answers

<p>The court may impose costs consequences. (A)</p> Signup and view all the answers

<p>Engaging with a family dispute resolution practitioner. (A)</p> Signup and view all the answers

<p>A s 60I certificate from a family dispute resolution practitioner outlining the outcome of the dispute resolution. (C)</p> Signup and view all the answers

<p>Family Law. (D)</p> Signup and view all the answers

The Civil Dispute Resolution Act 2011 (Cth) encourages parties to resolve disputes before going to court. It applies to most federal law matters in the Federal Court and Federal Circuit and Family Court, with a few exceptions.

The Act applies to federal law matters, but excludes proceedings related to civil penalties, criminal offenses, appeals, ex parte proceedings, vexatious litigants, and matters under specific Acts like the Family Law Act 1975.

The National Alternative Dispute Resolution Advisory Council (NADRAC) was a council providing policy advice on ADR to the Attorney-General. It operated from 1995 to 2013.

The NADRAC National Principles for Resolving Disputes were published in 2012 and identify 7 key principles for effective ADR. Practitioners are expected to use these principles.

The principles emphasize self-responsibility, early resolution, active listening, informed participation, using ADR before court, asking questions about ADR, and sharing accurate knowledge about ADR with others.

A report by the Productivity Commission in 2014, by Warren Mundy, provides valuable insights into ADR in Australia.

The process of resolving disputes outside of traditional courtrooms, often with the assistance of a neutral third party.

Efforts to address legal issues early on, preventing them from escalating into full-blown disputes.

The perceived conflict of interest between lawyers' financial gain and promoting their clients' best interests, especially in lengthy disputes.

A solicitor's primary responsibility is to the Court and Administration of Justice. This duty outweighs all other obligations, including loyalty to their client.

A lawyer's primary aim is to help parties reach a resolution, whether through negotiation, mediation, or court proceedings. This requires strategic thinking and effective communication.

The Uniform Civil Procedure Rules 1999 (Qld) emphasizes the overriding obligation of parties and the court to ensure justice is served in all proceedings.

A type of ADR where a neutral third party (the assessor) provides a non-binding opinion on the likely outcome of a court case.

Formal mechanisms used to refer cases to ADR processes, such as mediation or case appraisal.

The process of providing a formal report about the outcome of an ADR process, usually to the court.

Proceedings are stayed until 6 business days after the report of the ADR convenor

The principle that parties in a legal case should actively explore ADR options before resorting to a formal court hearing.

A trained professional who facilitates discussions between parties to reach an agreement on family matters, often aiming at a mutually acceptable resolution for families.

A certificate provided by an FDRP confirming the outcome of a family dispute resolution process, outlining efforts made and whether an agreement was reached. This certificate is typically required before filing a family law case in court.

Organizations that provide family dispute resolution services, offering support and guidance to families through mediation and other processes.

A formal discussion led by a judge designed to facilitate settlement and potentially avoid court action.

A specific court hearing involving a Registrar as an FDRP and potentially a Court Child Expert, with the aim of helping families resolve their disputes and reach agreements.

They have made it effective to lower the costs of accessing justice services, securing representation and promoting equality.

The civil justice system is too slow, too expensive, too adversarial, and misleading

Lawyers profit off of lengthy disputes, even if it is inadvertently. It is usually not intentional but comes because of a missing skill set. This may disincentivise people from using ADR.

To facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum of expense.

Must consider options for alternative dispute resolution, including mediation, as early as is reasonably practicable. If appropriate, the Court will help implement those options.

In all but exceptional cases, within 5 months of the date of commencement of a proceeding.

Costs consequences.

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