About NADRAC »
Charter
Charter
- The National Alternative Dispute Resolution Advisory Council (NADRAC) is an independent advisory council charged with:
- providing the Attorney-General with coordinated and consistent policy advice on the development of high quality, economic and efficient ways of resolving or managing disputes without the need for a judicial decision, and
- promoting the use and raising the profile of alternative dispute resolution.
- The issues on which NADRAC will advise on under paragraph 1(a) include:
- minimum standards for the provision of ADR services
- minimum training and qualification requirements for ADR practitioners, including the need, if any, for registration and accreditation of practitioners and dispute resolution organisations
- appropriate professional disciplinary mechanisms
- the suitability of ADR processes for particular client groups and for particular types of disputes, including restorative justice and ADR in the context of criminal offences
- the quality, effectiveness and accountability of Australian Government ADR programs
- ongoing evaluation of the quality, integrity, accountability and accessibility of ADR services and programs
- programs to enhance community and business awareness of the availability, and benefits, of ADR services
- the need for data collection and research concerning ADR and the most cost-effective methods of meeting that need, including by courts and tribunals, and
- the desirability and implications of the use of ADR processes to manage case flows within courts and tribunals.
- In considering the question of minimum standards, the Council will examine the following issues:
- the respective responsibilities of the courts and tribunals, government and private and community sector agencies for the provision of high quality ADR services
- ethical standards for practitioners
- the role of lawyers and other professional advisers in ADR
- legal and practical issues arising from the use of ADR services, such as the liability or immunity of practitioners, the enforceability of outcomes and the implications of confidentiality, and
- the accessibility of ADR services.
- In promoting the use and raising the profile of ADR under paragraph 1(b), NADRAC will, as appropriate:
- participate in forums, conferences, and meetings of professional associations
- facilitate ADR research and be involved in research conferences
- develop and improve relationships with educational institutions involved in legal, judicial or dispute resolution training
- pursue opportunities to propose improvements to ADR processes
- assist Government agencies to use ADR and to encourage them to make ADR a part of their funded programs
- support Australia's capacity building efforts in relation to ADR in the region, and
- prepare educational materials about ADR
- The Council may make recommendations of its own motion to the Attorney-General on any matter relevant to the Council's Charter. In addition, the Attorney-General may, from time to time, refer particular issues to the Council for consideration and report.
- As the Council's time and resources permit, it may provide comment on matters relevant to its Charter to any Commonwealth, State and Territory or private organisations with an interest in ADR. A copy of any such submission must be provided to the Attorney-General as soon as possible after the submission is dispatched.
- In performing its functions, the Council will consult broadly with ADR organisations, service providers and practitioners, courts and tribunals, government, the legal profession, educational institutions, business, industry and consumer groups, and community organisations as well as the Family Law Council, when appropriate.
- The Council will develop a forward work plan, including reporting dates, for each year and provide a copy of that work plan to the Attorney-General.
- The Council will provide the Attorney-General with a report of its operations as soon as possible after 30 June each year.
