Good Faith, Bad Faith? Making an Effort in Dispute Resolution

Abstract

The concept and meaning of good faith in negotiation and Alternative Dispute Resolution (ADR) processes, together with an articulation of what actions are required to comply with a good faith obligation or to support good faith negotiation, can be best described as an evolving “work in progress” in Australia. Compared with a decade ago however, good faith is a more settled and certain concept, and is increasingly being seen and applied as importing a standard of behaviour relevant to a range of participants in negotiation and ADR processes — disputants, lawyers, ADR practitioners, experts and even support people. This paper reviews the standards that have emerged, with a view to possible developments.

Keywords: good faith, bad faith, ADR, obligations, negotiation, civil procedure