Alternative Dispute Resolution (Mediation / Conciliation) & Restorative Justice (RJ) & (DPR) Practices
Alternative Dispute Resolution (ADR), Restorative Justice (RJ) and Direct Personal Response (DPR) practices are broad terms given to a number of processes, which work toward resolving a dispute or addressing a grievance or harm caused, without a judicial determination.
ADR is now common and various laws require a form of ADR prior to commencing court proceedings or for the courts to order a form of ADR before the trial. ADR involves a practitioner who is engaged by the parties to undertake a specified role to assist in the process to achieve an outcome.
Mediation is an ADR option and is described by the Australian National Mediator Accreditation System (NMAS) as a facilitative process “in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision”. It can involve parties to engage in dialogue for apologies.
RJ practices have a special application where the emphasis is on relationships. It is achieved by bringing about a sense of the awareness of the harm caused to the relationship and promoting accountability and responsibility for the harm caused. The solution is focused on repairing the harm, and seeking to prevent further harm and heal relationships. The approach has the advantage of not seeking to blame, but address the “elephant in the room” by taking responsibility for the harm done and finding ways to restore a working relationship. Similarly, the process is designed to avoid court or to resolve conflict or court processes. Useful applications include employment conflict, culturally toxic workplaces (workplace conferencing) and collaborative family law practice.
DPR is now an option under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth.) which commenced on 1 July 2018 and will operate until 1 July 2018. The legislation allows for DPR as a means of redress utilising Trauma Informed Care.
A DPR from an institution to a survivor of sexual abuse may involve one or more of the following:
a) an apology or a Statement of acknowledgement or regret;
(b) an acknowledgement of the impact of the abuse on the person;
(c) an assurance as to the steps the institution has taken, or will take, to prevent the abuse occurring again;
(d) an opportunity for the person to meet with a senior official of the institution.
Sycamore Tree Project (STP) – is an example of a more radical application of RJ. The Sycamore Tree Project involves prisoners meeting crime survivors on the journey of remorse, restitution and forgiveness. I volunteer for the STP in Queensland – Sycamore Voices. Listen and watch their stories.
If you wish to:
- maintain relationships whether personal, work or commercial;
- repair relationships;
- avoid or reduce litigation or court processes;
- avoid or reduce delay;
- avoid or reduce legal and other costs;
- avoid the risks of litigation and going to court;
- comply with legislative or court requirements;
ADR / RJ / DPR practices might be suitable and inquiries are welcomed:
- Telephone: (07) 3211-2393
- Mobile: 0412-889-108
- Fax: (07) 3236-2720
ADR / RJ & DPR rooms, conference & teleconference facilities are located at:
Level 28 East, Santos Place
32 Turbot Street
BRISBANE QLD 4000
Parking & Transport
View on Google Maps
If disabled parking is required, advance notice is required to make suitable arrangements with Santos Place. Otherwise, paid parking is available within a short walk:
- Secure Parking – 40 Tank Street
- Brisbane City Council – King George Square Car Park
- Brisbane Transit Centre – Roma Street
Public transport is available at the Roma Street station and busway or alternatively the King George Square busway or Queen Street busway.
Subject to paragraphs 15, 17 and 24B of the Bar Association of Queensland Barristers’ Conduct Rules 2011 I accept direct briefs in relation to ADR processes and RJ practices.