Case Management and The Regulation of Mediation in Australia
The term case management is also used to refer to systems in which court or tribunal officials assume closer administrative control over the litigation process than is traditionally associated with common law litigation. The Assisted Dispute Resolution program was introduced into the Federal Court in 1990 after a number of cases failed to reach resolutions having several directional hearings. In those cases the parties were not able to isolate the issues requiring determination. With the new program, judges can refer the parties to a court registrar for mediation. The following section was introduced into the Federal Court of Australia Act in 1991:
Subject to the Rules of Court, the Court may, with the consent of the parties to proceedings in the Court, by order refer the proceedings, or any part of them or any matter arising out of them to a mediator or an arbitrator for mediation or arbitration as the case may be….In Australia, mediation as an alternative dispute resolution (ADR) method is designed to avoid resorting to formal court-based adjudication and is now also being applied to criminal matters. Traditional theories of criminal justice view the matter as one between the offender and the state.
It is not necessary to have the parties consent to the mediation process and a judge can direct the mediation. In this sense, case management is designed to identify and define issues in dispute and to reduce delays, costs and unnecessary pre-trial activities.
- ‘hat was born of resistance and opposition to the formal justice system has been extensively integrated and co-opted into the system’.
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