Civil Dispute Resolution Bill 2010 passed

Civil Dispute Resolution Bill 2010 passed

Federal Parliament passed the Civil Dispute Resolution Bill 2010 aimed at encouraging people to take genuine steps to resolve disputes before going to court.

The traditional adversarial – party versus party – court scenario has always left much to be desired apropos the input from the parties themselves.  The legal system in court has rigid procedures which must be followed. There are various forms of ADR which on a worldwide basis are becoming used more frequently .  In many cases magistrates refer cases prior to being heard fully in court, to mediation, to ensure the parties have made an adequate attempt in settling their dispute prior to a full court hearing and magistrates/judges ruling.

Promoting a move away from the adversarial culture of litigation, the Civil Dispute Resolution Bill will require prospective litigants and their lawyers to focus on ways to try and resolve their disputes themselves before commencing litigation.

The Bill implements key recommendations of the National Alternative Dispute Resolution Advisory Council (NADRAC) in its 2009 Report ‘The Resolve to Resolve – Embracing ADR to improve access to justice in the federal jurisdiction’.” *

* LEADR e-mail received 28th. March 2011