-
admin
- November 10, 2022
INTRODUCTION
1.1 What is this guide about?
This guide contains information to help you understand more about managing and
resolving disputes, including information about:
• what ADR (alternative dispute resolution) is and the National Principles for
Resolving Disputes
• how to identify when you have a dispute
• what you can do to prevent disputes
• ways you can resolve a dispute on your own
• some of the ADR processes you could use to help you resolve a dispute.
ADR describes a collection of processes that you can use to help you resolve a dispute.
You can use an ADR process:
• on its own to resolve your dispute
• as part of a court or tribunal process to resolve your dispute.
You can find definitions of the ADR words used in this guide on NADRAC’s website at
www.nadrac.gov.au.
This guide only relates to ‘civil’ disputes. It does not discuss ‘criminal’ disputes.
1.2 What is the aim of this guide?
This guide aims to help you by:
• raising awareness of the variety of dispute resolution processes available,
including ADR (alternative dispute resolution) processes
• giving tips on how you can prevent disputes
• encouraging you to try to resolve your disputes outside of the courts and
tribunals, for example by using an ADR process
• encouraging you to support and expect high standards in dispute resolution
services.
PAGE 5
1.3 What is ADR?
ADR (alternative dispute resolution) usually describes dispute resolution where an
independent person (an ADR practitioner, such as a mediator) helps people in dispute
to try to sort out the issues between them. ADR can help people to resolve a dispute
before it becomes so big that a court or tribunal becomes involved. ADR can be very
flexible and can be used for almost any kind of dispute; even those that would never go
to a court or tribunal.
ADR and you
There are many ADR processes that you can use. Some ADR processes are explained in
this guide—mediation, conciliation, neutral evaluation and arbitration. Each ADR
process is different. The amount of time an ADR process takes changes depending on
the type of process and the details of your dispute.
ADR practitioners are trained to help you and the other people involved to work toward
a solution. The role of an ADR practitioner is different depending on the type of ADR
process. In some ADR processes, the practitioner can give advice or make decisions for
you. You should choose the ADR process that sounds as if it will work for you.
Using ADR can:
• help you to resolve all or some of the issues in your dispute
• provide a fair process
• help you to achieve outcomes that work for everyone involved in the dispute.
Access the full pdf document