by Trevor Buck
University of Leicester
This report examines the Australian system of administrative justice, in particular, the role of alternative dispute resolution (ADR) within that system. The report outlines developments across the courts, tribunals and ombudsmen offices, at both the Commonwealth and the state/territory levels of government. The report finds that Australia has produced a rich range of ADR practice across these cornerstone institutions, supported by a robust infrastructure.
There have been a number of important developments in the court system, in particular the role of mediation in family law has had a pervasive impact on the development of ADR generally. The pathway of tribunal development in Australia has generated a number of tribunals that present useful lessons. For example, the commonwealth administrative appeals tribunal is a model of a 'merits review' tribunal. The various ombudsman schemes in Australia have increased both their use of ADR in respect of individual grievances and their focus on systemic issues arising from individual complaints.
The debates about various aspects of ADR will continue, in particular there are concerns that important questions of legal principle could be disregarded. The report concludes that what is required is a system that is sufficiently sensitised to identifying appropriate routes of dispute resolution in their individual contexts.
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