Promoting More Therapeutic Forms of Alternative Dispute Resolution (ADR)

Tania Sourdin1

1 University of Newcastle Law School

ADR processes take many forms, they can be facilitative, advisory or adjudicative or even a blend of two or more forms. Some mimic more traditional court litigation processes and some focus on transformation and attitudinal or behavioural change. The range of dispute resolution options that are available and supported within the justice system can be linked to budgetary factors, system objectives and cultural features that and may not involve self determination or empowerment. This session explores the current ADR landscape in the context of the current definition of ‘justice’ in a civil setting and focusses on what might happen if social wellbeing or wellness was an objective of the civil justice system.

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