Court Referral to ADR: Lessons from an Intervention Order Mediation Pilot
Journal of Judicial Administration, Vol. 16, No. 1, p. 48, 2006
17 Pages Posted: 26 Feb 2007
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: Suggested Citation