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- January 13, 2024
Guide to Alternative dispute resolution | Attorney-General’s Department
this guide is provided by ‘Australian Government “ Attorney-General’s Department
Alternative dispute resolution
Providing advice on alternative dispute resolution (ADR) issues and policy to Australian Government agencies.
The Attorney-General’s Department provides advice on alternative dispute resolution (ADR)
issues and policy to Australian Government agencies.
If you are looking for:
information about mediator accreditation, visit the Mediator Standards Board website
information about dispute management, including dispute management plans for
government agencies, visit our dispute management page
information about family dispute resolution, visit our family dispute resolution page.
Your Guide to Dispute Resolution
Your Guide to Dispute Resolution contains basic information about common Alternative
Dispute Resolution (ADR) processes, as well as some tips for using ADR and resolving
disputes generally. It is a resource to help ordinary Australians understand a bit more about
ADR. It will also be useful for practitioners, who can use it to inform their clients about ADR
processes.
Your Guide to Dispute Resolution
What is alternative dispute resolution?
In an ADR process an independent third person helps people to resolve their dispute. ADR
processes do not include judicial determinations, such as decisions made by a court or
tribunal.
Dispute management is where disputes are identified and managed early and effectively.
Some key strategies to manage disputes include:
responding promptly and sensitively to disputes
assessing disputes to determine appropriate responses
resolving disputes in a timely manner.
There are three main types of ADR processes:
1. facilitative
2. advisory
3. determinative.
Facilitative
This process is where a dispute resolution practitioner assists the parties to a dispute to
identify the disputed issues, develop options, consider alternatives and try to reach an
agreement about some issues or the whole dispute.
Examples of facilitative processes include mediation, conciliation, facilitation and facilitated
negotiation.
Advisory
This process is where a dispute resolution practitioner considers and appraises the dispute
and provides advice as to the facts of the dispute, the law, and, in some cases, possible or
desirable outcomes and how these may be achieved.
Examples of advisory processes include: case appraisal, conciliation (where advice is offered
or used) and (early) neutral evaluation.
Determinative
This process is where a dispute resolution practitioner evaluates the dispute (which may
include the hearing of formal evidence from the parties) and makes a determination.
Examples of determinative processes include: arbitration, expert determination and private
judging.
Definitions of common ADR terms, including many of the ADR processes available, can be
found in the document Dispute Resolution Terms on the NADRAC publications webpage.
National Alternative Dispute Resolution
Advisory Council (NADRAC)
NADRAC was an independent non-statutory body established in October 1995 that provided
expert policy advice to the Attorney-General on the development of ADR and promoted the
use of alternative dispute resolution.
NADRAC concluded in late 2013 following the whole-of-government decision to simplify and
streamline the business of government. NADRAC has made substantial contributions to the
development and promotion of ADR in Australia. Previous NADRAC publications have been
archived and can be found on the National Library of Australia Trove website.
ADR and the Legal Services Directions
The Legal Services Directions 2005 are a set of binding rules issued by the Attorney-General
about Commonwealth legal work.
The directions are relevant to ADR because they require agencies to act as ‘model litigants’
by:
e considering other methods of dispute resolution (such as alternative dispute resolution
processes like mediation) before commencing legal proceedings.
e not commencing legal proceedings unless satisfied it is the most appropriate method
of dispute resolution.
More information about the Legal Services Directions is available on the Legal Services
Directions page (see OLSC Guidance Note 12 on ADR).
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Related websites
Family Relationships Online
Register of Nationally Accredited Mediators
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