Legislative referral to alternative dispute resolution processes

This article summarises key legislative changes in relation to ADR process referral within court and tribunal systems (primarily in New South Wales). Issues relating to the legislative referral of disputes to ADR processes are also explored, together with issues relating to the role of judges and courts and their relationship with ADR processes. In particular, the role of judges, registrars and tribunal members acting as neutrals in ADR processes is considered, as well as the role that judges and courts have in encouraging or mandating ADR.