ADRAC’s CONCILIATION REPORT
On behalf of ADRAC, Ruth McColl AO SC, as Chair of ADRAC, is pleased to announce the release of ADRAC’S Final Report: Conciliation: connecting the dots.
ADRAC’s research was first explained in its Discussion Paper about Conciliation released in October 2019. That Discussion Paper was the culmination of almost three years work. As we explained at the time the Discussion Paper was released, ADRAC’s research was the largest known study of conciliation in Australia. Although a process called “conciliation” is the subject of a wide array of Australian legislation and the raison d'être of many conciliation entities which provide for a process called “conciliation”, and for the conciliators who conduct the process, conciliation was a subject which had not hitherto been the subject of deep analysis.
ADRAC undertook its research to explore the basic assumptions of conciliation, to understand its evolution and to suggest what might be changed to enhance conciliation as a dispute resolution process. Its research uncovered a great deal of evidence about how conciliation works in practice, which has not previously been the subject of much comment and was worthy of comment.
Conciliation: connecting the dots is the product of that research as well as the submissions received in response to the Discussion paper. It encapsulates ADRAC’s proposed definition of conciliation and its overall findings, conclusions and recommendations.
ADRAC hopes that at a time when the community demands transparency and accountability, connecting the dots by adopting ADRAC's definition and other recommendations will enable legislators to assure the community that they are sensitive to the need for clarity in DR processes for which legislation provides, and the need for conciliated disputes to be determined in accordance with the norms and standards of the enabling legislation. In addition, uniform legislative adoption of ADRAC’s definition will ensure consistency of understanding the process for conciliating entities, for those acting as conciliators and for the disputing parties as well as the community generally.
*An earlier version of the Conciliation: connecting the dots report was published on the ADRAC website but was replaced on 16 December 2021 with a new version with a typographical error corrected.
ADRAC makes submissions to enquiries and reviews about ADR issues.
A selection of those submissions are published below.
From time to time ADRAC receives or identifies articles about a range of ADR issues. A selection of those articles are published on this page.
ADRAC has selected these articles because they express interesting and topical ideas. ADRAC does necessarily agree with, or endorse, what the authors have written. Nevertheless, ADRAC hopes that this collection of articles will inspire discussion and debate about ADR.