Legislating Appropriate Dispute Resolution for the Public Good

Legislation creating or prescribing processes for appropriate dispute resolution (ADR) in various fields are numerous. This paper considers the benefits of legislation-based dispute resolution processes. It discusses the inherent capacity of legislation and the legislative process as well as challenges that may arise in relation to dispute resolution. It then focuses on how legislation has attempted to change dispute resolution culture, promote the public good and protect the interests of vulnerable people. The main argument of this article is that although ADR developed as a voluntary alternative to adversarial court processes, legislation, which to a large extent requires compliance, has expanded the reach of ADR into many fields, thereby furthering transformation of societal culture from adversarial dispute resolution to a culture of collaborative or non-adversarial dispute resolution for the public good. The article focuses on Australia but refers to the situation in the United States (US) and the United Kingdom (UK) and concludes that legislated mandatory ADR is common in Australia and the benefits, including promotion of the public good, make the processes more acceptable.