Reflecting on the Practice of Non-adversarial Justice

The Honourable Wayne Martin AC1 

Chief Justice of Western Australia

In this paper, Chief Justice Martin will reflect on more than a decade of experience as a judge and head of jurisdiction to assess the contribution which the continued development of the principles of non-adversarial justice can make to the enhancement of the quality of justice delivered to the community.  In the context of the criminal justice system he will note the development and success of specialty or solution focused courts like drug courts and mental health courts in most jurisdictions, notwithstanding the prevailing culture of ‘popular punitivism’ which is a characteristic of contemporary justice policy in many jurisdictions.  In the context of the civil justice system, his paper will analyse ways in which the principles of non-adversarial justice can assist the early identification of the real issues in any case, and the preparation of the case for mediation or, if necessary, trial, as quickly, efficiently and cheaply as possible.


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