National Alternative Dispute Resolution Advisory Council
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National Alternative Dispute Resolution Advisory Council
The National Alternative Dispute Resolution Advisory Council (NADRAC) was an Australian independent body that provided policy advice about alternative dispute resolution (ADR) to the Attorney-General of Australia. NADRAC was established in October 1995 and concluded in late 2013. NADRAC's functions were laid down by its charter. NADRAC was an independent non-statutory body, with funding provided through the Australian Government Attorney-General's Department. It provided expert policy advice to the Attorney-General on the development of ADR and promoted the use of alternative dispute resolution. The body concluded its work following the government decision to simplify and streamline government business. NADRAC made substantial contributions to the development and promotion of ADR in Australia, publishing reports and papers on the topic. Council members * Jeremy Gormly SC (chair) * Professor Nadja Alexander * Dr Andrew Bickerdike * Mr David Fredericks * Ms Dianne Gibson * Th ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Attorney-General Of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitutional ...
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Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ...
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Mediation In Australia
Mediation in Australia, as a form of mediation, involves understanding the role that culture plays in the multi-cultural society of Australia. Cultural differences often exist due to race and ethnicity, but can also arise from religion, gender, age, sexual orientation and disabilities. Major concerns in cross-cultural dispute resolution include perceived power imbalance—often escalated by communication difficulties, misconceptions, negotiation behaviour, face-saving and the publicity surrounding the dispute. Native title mediation Native title in Australia has frequently given rise to mediation. If a mediator lacks cultural literacy across different cultures or awareness of parties having difficulties during the mediation due to differences in culture, then the mediator's lack of understanding or misunderstanding could cause a breakdown in the negotiation-process. Cultural awareness ensures that mediators can adapt their skills and techniques to ensure that they can ...
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