Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1994-25
Status:
Archived

M1994-25 Use of Alternative Dispute Resolution Services by Government Agencies

Detailed Outline

The purpose of this Memorandum is to reaffirm that it is Government policy for agencies to use alternative dispute resolution (A.D.R.) techniques, as stated in a previous Memorandum (No: 1989-42), as far as appropriate.

Organisations engaged in commercial activities, whether private or Government, can benefit considerably from A.D.R. techniques (such as conciliation, mediation or arbitration) rather than resorting to litigation. Use of A.D.R. techniques can reduce the expense and time involved in resolving commercial disputes.

There are other advantages of these techniques. The procedures used, particularly in mediation and conciliation, are flexible and can be tailored to suit the needs of the parties. In mediation and conciliation differences between the parties can be resolved by pragmatic business-oriented means, rather than by strict adherence to legal principles. The adversarial approach which may result from use of the court system is replaced by a process of seeking cooperation and compromise on the part of the parties' executives who can be expected to have a greater appreciation of the commercial issues of their dispute.

There are now a range of private providers of A.D.R. services, as well as the Australian Commercial Disputes Centre referred to in the previous Memorandum. Agencies should follow the Government's usual requirements for the engagement of professional services in order to ensure a competitive selection is made of an appropriate A.D.R. provide.

All areas within your administration should be encouraged to use A.D.R. services whenever possible so as to achieve settlement of disputes by these means rather than resorting to the court system.

Premier

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jul 17, 1994
Review Date
Jul 17, 2004
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Premier