The Reality of Non-Adversarial Justice: Principles and Practice

Authors

  • Judy Gutman La Trobe University

DOI:

https://doi.org/10.21153/dlr2009vol14no1art130

Abstract

The growth, development and institutionalisation of alternative dispute resolution (ADR) processes in Australia have paved the way for a changing legal culture. Whilst the adversarial process underpins the Australian legal system, the theory and practice of ADR has allowed a broadening of attitudes towards conflict resolution. In Victoria, collaborative rather than adversarial approaches to justice have been put into practice in ‘problem-solving courts’. This development evidences an institutional shift from adversarial justice towards the greater inclusion of non-adversarial dispute resolution processes. Contemporary best practice lawyering demands recognition and acceptance of this change. Legal educators and regulators must also act on the new reality of lawyering.

Author Biography

Judy Gutman, La Trobe University

Lecturer, La Trobe Law, La Trobe University, Bundoora, Victoria

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Published

2009-08-01

Issue

Section

Articles