Court Referral to ADR: Lessons from an Intervention Order Mediation Pilot

U of Melbourne Legal Studies Research Paper No. 213

Journal of Judicial Administration, Vol. 16, No. 1, p. 48, 2006

17 Pages Posted: 26 Feb 2007

See all articles by Melissa Conley Tyler

Melissa Conley Tyler

University of Melbourne - Law School

Jackie Bornstein

University of Bradford

Abstract

Over the past two decades courts and tribunals around Australia have introduced a range of alternative dispute resolution (ADR) techniques such as mediation as a standard part of their case management procedures. However, there is still significant variation in how ADR processes are administered in different courts and tribunals. This article reports on an independent evaluation of a Dispute Settlement Centre of Victoria and Magistrates' Court pilot mediation project. This project focused on diversion to mediation of non-family intervention order cases. The Project was a successful model mediation diversion program, achieving well on indicators such as awareness, clarity of eligibility criteria, proportion of eligible cases referred, client satisfaction with mediation and the number of agreements reached. Given the relatively few studies of such programs to date, the results of this evaluation offer useful insights on a number of issues of judicial administration, including promotion of mediation diversion programs, referral and intake processes, supply of mediation services and liaison between the court and mediation providers.

Keywords: mediation, ADR, alternative dispute resolution, court referral

JEL Classification: K40, K49

Suggested Citation

Conley Tyler, Melissa and Bornstein, Jackie, Court Referral to ADR: Lessons from an Intervention Order Mediation Pilot. U of Melbourne Legal Studies Research Paper No. 213, Journal of Judicial Administration, Vol. 16, No. 1, p. 48, 2006, Available at SSRN: https://ssrn.com/abstract=964794

Melissa Conley Tyler (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Jackie Bornstein

University of Bradford ( email )

Bradford
Bradford, West Yorkshire BD9 4JL

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