Integrity of ADR processes

On 28 February 2011, NADRAC provided the Attorney-General with its report, Maintaining and enhancing the integrity of ADR processes: From principles to practice through people.

This Report canvasses how the issues of conduct obligations, confidentiality, inadmissibility and practitioner immunity affect the integrity of ADR processes. In particular, it considers whether legislative changes are required to enhance the integrity of ADR in Australia.

• Maintaining and enhancing the integrity of ADR processes: From principles to practice through people [DOC 1.8MB]
• Maintaining and enhancing the integrity of ADR processes: From principles to practice through people [PDF 914KB]

Background

On 1 December 2009, the Attorney-General issued NADRAC with a reference, asking the Council to advise him on legislative changes required to protect the integrity of different ADR processes. These include issues of confidentiality, non-admissibility, conduct obligations for participants and ADR practitioners and the need, if any, for ADR practitioners to have the benefit of statutory immunity. NADRAC was to report on this reference by 30 November 2010. The Attorney-General gave NADRAC an extension until 28 February 2011.

Please contact the NADRAC Secretariat on nadrac@ag.gov.au if you have any questions regarding this report.