Abstract
The model of justice based on legal rights, entitlements and remedies, the adversarial process, is enshrined in the Australian Constitution and has, until relatively recently, pervaded the culture of both disputing and lawyering within the criminal and civil justice systems in Australia. However, over the last 20 years, dissatisfaction with the adjudication model has been voiced by many, including litigants, legal practitioners, the judiciary, government agencies and policy-makers. Determinative processes are increasingly criticised for their associated costs, stress, delays and unsatisfactory outcomes. The growing criticisms have led to the emergence and rapid rise of alternative dispute resolution (ADR). Non-determinative processes based on collaborative problem-solving models of justice have either been grafted onto mainstream adjudicative methods or are stand-alone replacements for adversarial processes in many jurisdictions.
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