The role of the courts in the changing dispute resolution landscape

We have entered a new era in the way the courts and judiciary interact with legal professionals, litigants and the community. Faced with growing costs of litigation and delays in court proceedings, there is an increased focus on case management practices and a proactive role for judges and court officers in ensuring that access to the courts is provided in a timely and cost-efficient manner. Yet for some Australians, access to justice is becoming less attainable; this is especially the case for middle-income earners.1 In this context, appropriate or alternative dispute resolution ('ADR') mechanisms serve an increasingly important role in facilitating access to dispute resolution services for all citizens and reducing the time and cost spent on litigation. ADR is now regularly seen as a first port of call for the resolution of civil and commercial disputes, and the implications of this trend are the subject of debate about what role the judiciary should play in encouraging or ordering parties to attempt ADR.