Requiring People to Mediate Before Starting Court Proceedings – Recent Findings
7 Pages Posted: 25 Jan 2016
Date Written: January 24, 2016
Abstract
Pre-action protocols, obligations and schemes exist in various forms across Australia and are intended to encourage the early resolution of disputes without the need to commence proceedings in a court or tribunal. The objective of the Pre-Action Research Project (this Project), which has culminated in this Report, has been to consider and explore the use and effectiveness of these types of requirements in respect of civil disputes.
Note: This project has been supported and funded by the Australian Institute of Judicial Administration (AIJA) and has been undertaken by the Australian Centre for Justice Innovation (ACJI) at Monash University.
Keywords: Pre-action protocols, pre-action requirements, mediation, ADR, processes, access to justice, civil procedure
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