ARTICLES
From time to time ADRAC receives or identifies articles about a range of ADR issues. A selection of those articles are published on this page.
ADRAC has selected these articles because they express interesting and topical ideas. ADRAC does necessarily agree with, or endorse, what the authors have written. Nevertheless, ADRAC hopes that this collection of articles will inspire discussion and debate about ADR.
NADRAC PUBLICATIONS
The National Alternative Dispute Resolution Advisory Council (NADRAC) was the ADR advisor to the Attorney-General of the Commonwealth of Australia from 1995 to 2011. A small selection of NADRAC publications are listed below. A full listing of NADRAC publications is available here.
ADR Terminology: A Discussion Paper (June 2002)
Dispute Resolution Terms (September 2003)
Advice on a New Accreditation System for FDRP’s (March 2007)
Who says You’re a Mediator? Towards a National System for Accrediting Mediators (March 2004)
Solid Work You Mob Are Doing (August 2009)
The Resolve to Resolve (September 2009)
National Principles for Resolving Disputes (April 2011)
Your Guide to Dispute Resolution (July 2012)
Teaching ADR In Australian Law Schools (November 2012)
OTHER ARTICLES
2016
Michael Legg, 'A Comparison of Regulatory Enforcement, Class Actions and Alternative Dispute Resolution in Compensating Financial Consumers' (2016) 38(3) Sydney Law Review 311
Michael Legg, 'The Future of Dispute Resolution: Online ADR and Online Courts' [2016] UNSWLRS 71
Greg Rooney, 'Applying Cynefin Complexity Theory to Mediation - Challenging the Retired Judge Command and Control Mediation Model'
Greg Rooney, 'The Rise of Commercial Mediation in Australia - Reflections and the Challenges ahead'
2015
Australian Centre for Justice Innovation, 'Evaluating Alternative Dispute Resolution in Taxation Disputes'
Lillian Corbin, Paula Baron and Judy Gutman, 'ADR Zealots, Adjudicative Romantics and Everything in Between: Lawyers in Mediations' (2015) 38(2) University of New South Wales Law Journal 492
2014
Paula Baron, Lillian Corbin and Judy Gutman, 'Throwing Babies out with the Bathwater? - Adversarialism, ADR and the Way Forward' (2014) 40(2) Monash University Law Review 283
2012
Australian Institute of Criminology, 'Evaluation of alternative dispute resolution initiatives in the care and protection jurisdiction of the NSW Children’s Court'
T F Bathurst, 'The Role of Courts in the Changing Dispute Resolution Landscape' (2012) 35(3) University of New South Wales Law Journal 870
Katherine Douglas, 'The Teaching of Alternative Dispute Resolution in Selected Australian Law Schools: Towards Second Generation Practice and Pedagogy'
Law Council of Australia, 'The use of Dispute Resolution Boards and their expansion beyond Construction Matters
Law Society of New South Wales, 'Dispute Resolution Kit'
National Alternative Dispute Resolution Advisory Council, 'Your Guide to Dispute Resolution'
National Alternative Dispute Resolution Advisory Council, 'Teaching Alternative Dispute Resolution in Australian Law Schools'
Tania Sourdin, 'Civil Dispute Resolution Obligations: What is Reasonable?' (2012) 35(3) University of New South Wales Law Journal 889
Tania Sourdin, 'Exploring Civil Pre-Action Requirements: Resolving Disputes Outside Courts'
2011
Law Council of Australia, 'Guidelines for Lawyers in Mediations'
Law Council of Australia, 'Ethical Guidelines for Mediators'
National Alternative Dispute Resolution Advisory Council, 'Maintaining and Enhancing the Integrity of ADR Processes: From Principles to Practice through People'
National Alternative Dispute Resolution Advisory Council, 'National Principles for Resolving Disputes'
Mary Anne Noone, 'ADR, Public Interest Law and Access to Justice: The Need for Vigilance' (2011) 37(1) Monash University Law Review 57
Tania Sourdin, 'Five Reasons Why Judges Should Conduct Settlement Conferences' (2011) 37(1) Monash University Law Review 145
2010
National Alternative Dispute Resolution Advisory Council, 'A Toolkit for Developing a Dispute Management Plan'
National Alternative Dispute Resolution Advisory Council, 'Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution& Conflict Management in Australia'
Tania Sourdin, 'Poor quality mediation — a system failure?' 11(8) ADR Bulletin 163
2009
Chief Justice Robert French, 'Perspectives on Court Annexed Alternative Dispute Resolution'
National Alternative Dispute Resolution Advisory Council, 'The Resolve to Resolve: Embracing ADR to improve access to justice in the federal jurisdiction'
Victorian Parliament Law Reform Committee, 'Inquiry into Alternative Dispute Resolution and Restorative Justice: Final Report'
2008
Tom Howe QC and Simon Daley, Alternative Dispute Resolution for Commonwealth agencies
Tom Howe QC, Why isn't there more alternative dispute resolution by Commonwealth departments and agencies?
2007
Professor Chris Field, 'Alternative Dispute Resolution in Victoria: Supply-Side Research Project'
Tania Sourdin, 'An alternative for who? Access to ADR processes' 10(2) ADR Bulletin 26
2006
National Alternative Dispute Resolution Advisory Council, 'Legislating for alternative dispute resolution: A guide for government policy-makers and legal drafters'
2005
Laurence Boulle, 'A History of Alternative Dispute Resolution' 7(7) ADR Bulletin 130
2003
Kathy Mack, 'Court Referral to ADR: Criteria and Research'