Civil Dispute Resolution Bill - a Genuine Step Towards More ADR?

The new Civil Dispute Resolution Bill 2010 aims to ensure that, as far as possible, people take "genuine steps" to resolve disputes before commencing certain proceedings in the Federal Court of Australia or the Federal Magistrates Court.

What does the Bill try to achieve?

The Bill draws on the recommendations of the National Alternative Dispute Resolution Advisory Council in its 2009 report The Resolve to Resolve.

In general terms, the Bill aims to:

• change the adversarial culture often associated with disputes;
• have parties consider ADR mechanisms before becoming entrenched in a litigious position; and
• clarify the real issues in a dispute with a view to minimising the time required for the court to determine the matter (likely to lead also to minimisation of costs).