ADR Processes: Connections between Purpose, Values, Ethics and Justice

(Feb. 2017) 35(1) Law in Context 5

Posted: 2 Jun 2017

Date Written: Feb 01, 2017

Abstract

ADR processes are now used extensively in Australia to resolve disputes in courts and tribunals. In addition, government departments see ADR as an important tool in improving access to justice for ordinary citizens. However, what justice means in different ADR contexts may differ. One possible explanation for the divergence of views on justice and ethics in ADR practice is the fact that practitioners come from different professional backgrounds and disciplines and also use a range of processes. Also, while some processes have clearly stated normative purposes under enabling legislation and Charters, others do not. There are also industry-scheme ADR processes with normative purposes beyond individual disputes. Drawing from empirical research, this paper begins to explore the relationship between process purpose, underlying values and ethical responsibilities that arise for a range of ADR practitioners working in different fields and the potential of those processes to promote substantive and procedural justice.

Suggested Citation

Akin Ojelabi, Olufunmilola O and Noone, Mary Anne, ADR Processes: Connections between Purpose, Values, Ethics and Justice (Feb 01, 2017). (Feb. 2017) 35(1) Law in Context 5. Available at SSRN: https://ssrn.com/abstract=2978290

Olufunmilola O Akin Ojelabi (Contact Author)

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Mary Anne Noone

La Trobe Law School ( email )

Martin Building Room 249
Bundoora, VIC 3083
Australia
(03)9479 2195 (Phone)
(03)9479 1607 (Fax)

Register to save articles to
your library

Register

Paper statistics

Abstract Views
119
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information