The National Alternative Dispute Resolution Advisory Council (NADRAC) has developed seven national principles for resolving disputes. The Council has created the principles to set out an approach to dispute resolution that is consistent with better access to justice.
NADRAC states on their website that they:
advocate the consistent application of the National Principles ... as an important information tool to assist people
in dispute in considering ADR as an alternative, or an addition, to litigation.
The principles are largely about using ADR when you have a dispute, instead of going to court (and still using ADR even if you do end up in court!) and to offer information about how ADR aims to work so that you know what to expect if you choose to use an ADR mechanism.
National Principles for Resolving Disputes
1. People have a responsibility to take genuine steps to resolve or clarify disputes and should be supported to meet that responsibility.
2. Disputes should be resolved in the simplest and most cost effective way. Steps to resolve disputes including using ADR processes, wherever appropriate, should be made as early as possible and both before and throughout any court or tribunal proceedings.
3. People who attend a dispute resolution process should show their commitment to that process by listening to other views and by putting forward and considering options for resolution.
4. People in dispute should have access to, and seek out, information that enables them to choose suitable dispute resolution processes and informs them about what to expect from different processes and service providers.
5. People in dispute should aim to reach an agreement through dispute resolution processes. They should not be required or pressured to do so if they believe it would be unfair or unjust. If unable to resolve the dispute, people should have access to courts and tribunals.
6. Effective, affordable and professional ADR services which meet acceptable standards should be readily available to people as a means of resolving their disputes.
7. Terms describing resolution processes should be used consistently to enhance community understanding of, and confidence in, them.
If you would like to read more on NADRAC's National Principles for Resolving Disputes, click here.
