Justice System - Adversarial Court System - Law Assignment Help

Assignment Task :

INTRODUCTION 

As Australia Courts are under constant pressure to ensure the justice system provides efficient and timely justice, the implementation of ‘mandatory’ mediation has thrived to an extent.

1  Alternate dispute resolution (“ADR”) processes can include party negotiation, arbitration, and conciliation, yet mediation dominates the position of Australia’s default dispute resolution tool. Despite mediation being used as a tool to orientate the legal system away from the adversarial court system, it remains contentious as to whether the benefits of mediation outweigh the disadvantages due to the complex nature of the Australian Court system.

2 It has not yet been quantified how many cases are court ordered to mediate, or if cases informally mediate to settle disputes, thus mediation remains a grey area. This essay will discuss the advantages of mediation, which allows for a cheap and quick approach to the justice system and alleviates pressure on the court system, and thus favouring the implementation of mandatory mediation. However, disadvantages such as power imbalances, and the possibility of privacy being infringed, will also be discussed and counter that mandatory mediation may not be appropriate in all situations for all cases,

3 and indicates that legislative guidelines are required to ensure that parties retain fair access to the justice system. Ultimately, this essay will focus on mediation and whether the reorientation of the justice system allows access to the legal system to remain as effective and fair as the adversarial system, despite the usefulness of mediation for facilitating a quick, and cheap approach, or whether power imbalances underpin the intention of mediation, limiting the access to a fair go in the justice system.

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