Advantages Of Alternative Dispute Resolution

Advantages Of Alternative Dispute Resolution

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INTRODUCTION

The main purpose of alternative dispute resolution (ADR) is to achieve a satisfactory outcome to a dispute without court intervention. Despite alternative dispute resolution processes occurring externally from the court, the outcome may still result in legally binding agreements that ultimately resolve the legal matter.

Aboriginal and Torres Strait Islander communities across Australia have been increasingly implementing and utilising ADR processes to resolve inter and intra–cultural disputes, land claims, civil disputes. Furthermore, due to the distrust that Australia's indigenous community understandably has with the dominant legal system, alternative dispute resolutions have significantly increased in popularity as they provide a culturally diverse alternative to the current adversarial system.

INDIGENOUS ALTERNATIVE DISPUTE RESOLUTION

In relation to alternative dispute resolution within indigenous communities, three separate methodologies of alternative dispute resolution has emerged. The first of which attempts to incorporate western–based principles, such as negotiation, mediation and arbitration.

The western approach to alternative dispute resolution is often inapplicable and incongruent with the indigenous culture, and thus unable to adequately resolve indigenous disputes. Moreover, in relation to intra–cultural disputes, the application of western ADR strategies may work against Indigenous needs and perpetuate disadvantage.

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