ADR: Championing the (Unjust) Resolution of Bullying Disputes?

Doris Bozin, Allison Ballard and Patricia Easteal (2019) ‘ADR: Championing the (Unjust) Resolution of Bullying Disputes? Australasian Dispute Resolution Journal 29: 162- 172

17 Pages Posted: 26 Apr 2019

See all articles by Doris Bozin

Doris Bozin

Faculty of Business, Government and Law

Allison J. Ballard

University of Canberra - School of Law

Patricia L. Easteal

University of Canberra - School of Law and Justice

Date Written: March 27, 2019

Abstract

Regardless of the legal or other pathways chosen to address a bullying dispute, it is commonplace for (alternative) dispute-resolution (ADR) techniques, such as mediation, to be a part of the resolution process. ADR comes with a range of possible costs and deficiencies including concerns that justice is not necessarily always done, despite ADR’s claimed “success” from the perspectives of some ADR practitioners, lawyers, and the systems within which they work. In this article, we look at the suitability of ADR for workplace bullying disputes. As is the case with ADR in family and domestic violence matters, there are also issues concerning power imbalances between the parties in bullying cases. In addition, we examine the possible consequences of “off-the-record” ADR settlements on the Australian legal system – case law and precedent, and the community as a whole, We consider the answers to these questions through critical analysis, which is complemented by our experiential knowledge. Lastly, we make conclusions and recommendations for improved and fairer dispute resolution processes and better settlement outcomes.

Keywords: Mediation, Justice, Dispute Resolution, Bullying, Workplace Violence

JEL Classification: K40, K49

Suggested Citation

Bozin, Doris and Ballard, Allison J. and Easteal, Patricia L., ADR: Championing the (Unjust) Resolution of Bullying Disputes? (March 27, 2019). Doris Bozin, Allison Ballard and Patricia Easteal (2019) ‘ADR: Championing the (Unjust) Resolution of Bullying Disputes? Australasian Dispute Resolution Journal 29: 162- 172. Available at SSRN: https://ssrn.com/abstract=3360825 or http://dx.doi.org/10.2139/ssrn.3360825

Doris Bozin

Faculty of Business, Government and Law ( email )

University Drive
Bruce, 2617
Australia

Allison J. Ballard

University of Canberra - School of Law ( email )

Australia

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

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