Abstract
The concept and meaning of good faith in negotiation and Alternative Dispute Resolution (ADR) processes, together with an articulation of what actions are required to comply with a good faith obligation or to support good faith negotiation, can be best described as an evolving “work in progress” in Australia. Compared with a decade ago however, good faith is a more settled and certain concept, and is increasingly being seen and applied as importing a standard of behaviour relevant to a range of participants in negotiation and ADR processes — disputants, lawyers, ADR practitioners, experts and even support people. This paper reviews the standards that have emerged, with a view to possible developments.
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