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Law in Context

Abstract from Volume 22 No 1 (2004) Alternative Dispute Resolution and the Courts

Facilitative Judging

Tania Sourdin, Professor of Law and Dispute Resolution, Director Conflict Resolution Research Centre, La Trobe University, Melbourne.

This article considers the role of judges and their relationship with Alternative Dispute Resolution (ADR) processes. The article first describes the evolving nature of the relationship between courts and ADR and then, more specifically, comments on the nature of the judicial function and the relationship with ADR before returning to issues associated with the broader objectives of a combined ADR/ court system. The discussion is undertaken to explore two questions first, to what extent are ADR processes currently separated from judicial functions and, second, how can ADR skills and techniques be used to support the civil litigation system including the judicial function?

(2004) Volume 22 No 1 Law in Context 64

   
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