Resolving Financial Disputes in the Context of Australian and Canadian Civil Justice Reform

Abstract

In recent years, many countries have increased their use of alternative mechanisms of dispute resolution to resolve a growing number of financial and commercial disputes. This trend has been supported by civil justice reforms taking place throughout the world, including those within Australia, and Canada. Such reforms have aimed at encouraging cost-effective, expeditious and amicable case handling within the civil justice system. This article will analyze the increasing use of mediation to resolve financial and commercial disputes in countries undergoing civil justice reform, review the scope and nature of these reforms and examine lessons learned.

Keywords: financial dispute resolution, ADR, mediation, arbitration, comparative law, civil justice reform