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ADR needs to be simple, cheap and easy

Date : 30 Nov 2007

The Victorian Parliamentary Law Reform Committee’s discussion paper on alternative dispute resolution examines the current provision of ADR services across Victoria, and raises the issue of whether ADR should be used more widely.

Significantly, the paper considers not just ADR in the civil justice system, but also the use of ADR in criminal matters, for example through restorative justice initiatives.  One major question is whether pre-trial criminal case conferencing should be introduced in Victorian courts – as has been piloted in the WA Supreme Court since November 2006.

This involves a mediator addressing significant issues prior to trial, including the possible making of admissions and the prospects of conviction or acquittal.  Other major issues include:

  • what criminal offences are suitable for restorative justice? (Should they include murder, family violence and sexual offences?)
  • whether there should be increased use of restorative justice for adult offenders
  • whether there should be mandatory referral to restorative justice programs
  • whether restorative justice reduces recidivism and leads to better outcomes for offenders.

VLA considers that ADR is most effective when it is simple, cheap and easy for people to access. ADR should be conducted in a way that redresses any power imbalances between parties (for example, between individuals and large corporations). 

It should also provide appropriate support for socially or financially disadvantaged people (such as people from culturally and linguistically diverse backgrounds). VLA will be making these points in its submission to the inquiry.