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2001

Courts

Research Collection School Of Law

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From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander Dec 2001

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.