Week 3: Read Chapter 14 of Field, Duffy and Huggins and re-read Chapter 1 of Spencer: 1. What have been the most important factors driving the move towards the adoption of informal justice processes? The driving force behind the rise of dispute resolution as an informal justice process can be attributed to a number of landmark events. Statutory regulation through legislations has made it law that dispute resolution is a process which in some circumstance, parties are required to do (Spencer, 2016, p16). Judges also have the power of court-annexed dispute resolution (Spencer, 2016, p23). There has also been a large rise in accrediting bodies and schemes which provide training in dispute resolution forums and give dispute resolution accreditation(Spencer, 2016, p5). Litigation being a very expensive and time consuming process which everyday people tend to not have the time or money to proceed with, has sought alternative methods to resolve their conflicts through dispute resolution (Spencer, 2016, p5). - Commercial litigation > 50's > mini trial with a 3rd party. (spencer p4.) - - subject matter of the dispute, circumstances, lawyer and their knowledge, conflict management history between the parties, overburdened Brennon. Costly painful and inefficient 416. - Examples - James' book - Clients are more invested in ADR processes as they are the ones making the decision. - ADR help preserve relationships and upheld - ADR more flexible remedies. - NSW court website. Arbitration was the first form (conciliation and arb act commonwealth 1904) 1950's to 1970's p.8 Institute of Arbs was established in 1975 (IAMA inst of arbs and meds) p. 9 Aus commercial disputes centre (ACDC) in 2015 Comm Justice centres p.9 State and territory law socieities and institutions in 1980's began ADR processes and advice p.11 Aus Dispute resolution association (ADRA) formed 1989 - 1st Aus Mediation conference in 1986 -> genesis for the idea of forming a community of practice for DR practitioners. P12. LEADR 1989 -> group gave voice to lawyers who been practising DR for years without recognition and wished the skill to become formal part of legal practice and see more DR.p13 Same uear Dispute resolution centre formed at bond uni, Contributed to intellectual debate and training of past present and future DR practs. P.13 ADJR -> journal about DR and importance in 1990 p.14 NADRAC 1994 Maintain standards of DR p 14 Resolution institute in jan 2015 merger of IAMA and LEADR p15. Legislation p.16 Legal education p. 19. 2. Do alternative approaches to dispute resolution improve overall access to justice within our community? Yes, as each process is different it can cater for the needs of individuals of certain circumstances (Spencer, 2016, p5). This is down to a number of reasons including; cost access issue and ADR sometimes free and at relatively low cost compared to litigation, time, accesses to justice, courts over-burdened and can be a timely process, many providers of ADR services to provide them in a timely manner. P 412
3. Draw the spectrum of dispute resolution