Lawyers' participation in mediation and professional ethical disposition

Rundle, Olivia

doi:10.1080/1460728x.2015.1090781

Cited by 3 publications

(1 citation statement)

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“…Some of the issues identified in relation to access to justice relate to how mediators, for example, address power imbalances between the parties and ensure that parties participate effectively in the process. In addition, the extent to which court-connected mediation is adversarial due to the involvement of lawyers has been raised (Waye, 2016; Rundle, 2015).…”

Section: Australian Adr: Diverse Institutions Processes and Access Tmentioning

confidence: 99%

Alternative dispute resolution and access to justice in Australia

Noone

Ojelabi

2020

International Journal of Law in Context

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In the last four decades, there has been a significant increase in the number and variety of appropriate dispute-resolution (ADR) institutions and processes in Australia as a critical aspect of improved access to justice. Although more people can get assistance to resolve their disputes, the issues of whether this access is shared equally within the community, how the disadvantaged fare in these processes and what type of justice is provided by the various ADR processes are explored. The relevance of legislative objectives of ADR fora and processes to justice outcomes is highlighted. It is argued that ADR processes need to be designed and implemented bearing in mind the type/nature of the dispute, parties involved and availability of resources, and to have an overarching objective of promoting access to justice for users. Additionally, improved access to justice requires ongoing and rigorous evaluation of ADR processes to ascertain whether justice objectives are being achieved.

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Section: Australian Adr: Diverse Institutions Processes and Access Tmentioning

confidence: 99%