The Reality of Non-Adversarial Justice: Principles and Practice

Posted: 21 Oct 2009


The growth, development and institutionalisation of alternative dispute resolution (ADR) processes in Australia have paved the way for a changing legal culture. Whilst the adversarial process underpins the Australian legal system, the theory and practice of ADR has allowed a broadening of attitudes towards conflict resolution. In Victoria, collaborative rather than adversarial approaches to justice have been put into practice in ‘problem-solving courts’. This development evidences an institutional shift from adversarial justice towards the greater inclusion of non-adversarial dispute resolution processes. Contemporary best practice lawyering demands recognition and acceptance of this change. Legal educators and regulators must also act on the new reality of lawyering.

Keywords: ADR, Nonadversarial Justice, Legal Education, Legal Practice

JEL Classification: K41, K19, K39

Suggested Citation

Gutman, Judy, The Reality of Non-Adversarial Justice: Principles and Practice. Deakin Law Review, Vol. 14, No. 1, p. 29, 2009, Available at SSRN:

Judy Gutman (Contact Author)

La Trobe Law ( email )

La Trobe University
Bundoora, Victoria 3142

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