Share on LinkedInShare on LinkedIn

ARTICLE · 01 AUGUST 2012

Alternative Dispute Resolution - Mediation, Early Neutral Evaluation ("ENE"), Expert Determination and Arbitration: Trends, Traps and Benefits

This paper provides a brief overview of the main forms of ADR processes and their respective benefits and limitations.

AustraliaLitigation, Mediation & Arbitration
  1. Introduction Historically, in Australia Alternative Dispute Resolution ("ADR") has largely been perceived as a non-judicial function. Indeed, ADR has been described as "a process of solving problems without the assistance of the Courts." 1 More recently however, cost pressures and the search for greater efficiencies and fairness has led to a greater focus on ADR processes in the context of the litigation process, a trend which has been driven by both the legislature and the Courts themselves. This paper provides a brief overview of the main forms of ADR processes and their respective benefits and limitations. It then considers recent developments in ADR within the Courts and finally, raises some issues for consideration in the drafting of ADR clauses.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from