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ARTICLE · 18 FEBRUARY 2010

Embracing ADR - The Emerging Trend in Government

Norton Rose Fulbright Australia
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Earlier this week, the Attorney-General, the Hon Robert McClelland MP, delivered a speech to the Government Law Group in Canberra on alternative dispute resolution in the federal justice system entitled 'Utilising ADR - The Evolving Landscape'.

AustraliaGovernment, Public Sector
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The Attorney-General referred to the National Alternative Dispute Resolution Advisory Council's (NADRAC's) Inquiry into the use of ADR in the civil justice system which found that ADR has 'expanded into a large, highly diverse and innovative field, it is still significantly under-utilised in many areas.' The Attorney-General believes that, as the biggest single litigator in the federal justice system, there is an important leadership role for the Commonwealth and its agencies to increase the use of ADR in Australia. In fact, he has previously suggested that he believes there is a need for a different approach by government lawyers when dealing with claims against the Commonwealth and that there is an 'opportunity for more innovation in how these claims are dealt with'. In his speech, he quite correctly pointed out that: "Even if a dispute is not resolved in an ADR process, the process itself can help draw out facts, identify issues and explore new options. This means

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