ADR and Civil Proceedings Reference

On 13 June 2008 the Attorney-General issued NADRAC with a new reference. Mr McClelland asked NADRAC to enquire into and identify strategies for litigants, the legal profession, tribunals and courts to remove barriers from and provide incentives to ensure greater use of ADR options as an alternative to civil proceedings and during the court or tribunal process. He also sought advice on initiatives government might take to support the recommended strategies, including legislative action.

In carrying out the reference, the Attorney-General asked that NADRAC consider:

• whether mandatory requirements to use ADR should be introduced
• other changes to cost structures and civil procedures to provide incentives to use ADR more and to remove practical and cultural barriers to the use of ADR both before commencement of litigation and throughout the litigation process
• the potential for greater use of ADR processes and techniques by courts and tribunals to enhance court and tribunal process, including by judicial officers, and
• whether there should be greater use of private and community based ADR services and how to ensure that such services meet appropriate standards.

NADRAC has been asked to consult relevant stakeholders in conducting this inquiry and complete its report by 30 September 2009.

The Council is working towards a tight time frame and it anticipates releasing a discussion paper on this reference in the first half of next year. NADRAC welcomes any input on the issues covered by this reference. Contributions may be forwarded to the Director of the NADRAC Secretariat.