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Explain How ADR May Both Help And Hinder Access To Justice

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Research paper questions MLM716 ADR

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Question 1
Explain what is meant by the term ‘access to justice’. Explain how ADR may both help and hinder access to justice. Identify and explain one change to ADR processes that you think would improve access to justice.

The Attorney-General’s Department is responsible for formulating and implementing policies so that people have easy access to justice. Australian government is fully committed to making legal system accessible and simple. Accessing legal system means that people have access not only easy access to justice but they alaso …show more content…

or through traditonal way e.g. courts and tribunals.
Access to justice is central to the rule of law and integral to the enjoyment of basic human rights. It is an essential precondition to social inclusion and a critical element of a well-functioning democracy. An effective justice system must be accessible in all its parts. Without this, the system risks losing its relevance to, and the respect of, the community it serves. Accessibility is about more than ease of access to sandstone buildings or getting legal advice. It involves an appreciation and understanding of the needs of those who require the assistance of the legal system.
While courts are an important aspect of the justice system, there are many situations where courts are the last place people will get the outcome they are looking for to resolve issues. The rule of law is a central feature of a modern democratic society. It is a precondition for a flourishing civil society for people to be able to plan and live their lives as they choose. The rule of law is the fundamental protection that gives people and organisations confidence that the society’s rules (laws) will be respected and upheld. This underpins economic and social cooperation. A strong rule of law means that a country has less corruption, protected and enforceable legal rights, due process, good governance and accountable government. The World Bank ranks Australia high on the quality of our rule of law, having remained in the 95th percentile over …show more content…

The Government plays a key role in the supply of justice, both directly and indirectly, through the operation of courts, funding of legal assistance providers and establishing the legislative framework for a range of options including some forms of ADR. The level of control held by the Government in this sphere suggests that this is an area where decisions can have significant influence on access to justice.
Alternative Dispute Resolution
ADR refers to those processes, outside of a court hearing, where an impartial person helps the parties to resolve their dispute. ADR options include arbitration, conciliation, mediation, negotiation, conferencing and neutral evaluation.
The potential benefits of ADR include:
• early resolution of disputes and identification of the real issues in

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