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In 2008, the Attorney-General asked NADRAC to enquire into incentives that would encourage greater use of alternative dispute resolution (ADR), and what barriers need to be removed. NADRAC is to consider: whether ADR processes should be mandatory in some cases; changes to civil procedures and costs structures; how to overcome practical or cultural barriers to the use of ADR; whether ADR techniques could be used to enhance court and tribunal processes; whether greater use of private and community-based ADR services would be beneficial, and how to ensure the quality of these services.
Comprises a collection of papers discussing the issue of negotiation. Presents a set of ideas, organized around frameworks for improving negotiation; the challanges to applying these ideas in organizational settings; and some analysis of individual behaviour in negotiation.
National Alternative Dispute Resolution Advisory Council(NADRAC) was asked to identify strategies to remove barriers and provide incentives for greater use of alternative dispute resolution(ADR) as an alternative to civil proceedings. In particular, NADRAC was asked to consider: whether mandatory requirements to use ADR should be introduced; whether changes should be made to cost structures and civil procedures to provide incentives to use ADR more and to remove practical and cultural barriers to the use of ADR both before commencement of litigation and throughout the litigation process; the potential for greater use of ADR processes and techniques by courts and tribunals, including by judicial officers; and whether there should be greater use of private and community-based ADR services and how to ensure that such services meet appropriate standards. After the release of an Issues Paper in 2009 NADRAC received over 60 submissions from Commonwealth and State government departments and agencies, ADR providers, courts, tribunals and individuals. Consultations were also held. The report makes 39 recommendations.