Abstracts and Biographies:
Practice theory
Alternative dispute resolution and non-adversarial
regulation: why are they still not mainstream and can they ever become mainstream?
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Rick Sarre
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| Notwithstanding the push to ADR in some litigation circles
and moves towards non-adversarial (civil and administrative) penalties in relation to
regulatory and other offences, there appears to be no letting up in the desire for parties
to have their day in court. Why might this be the case? What is it about legal formalism
that makes it so enduring? This paper outlines the arguments why, sometimes, there may
need to be a formal hearing in order to bring about satisfactory outcomes. It will also
discuss recent moves to increase regulation of ADR in Australia.
Full paper
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| Rick Sarre is Associate Professor of Law and Criminology,
with the School of International Business, University of South Australia. Formerly (for 6
years) the Head of the School of Law and Legal Practice, University of SA, he lectures in
criminal justice and criminology, and business law for the University of South Australia,
Graceland University (Iowa, USA) and at Hong Kong Baptist University. He is the Program
Director, Bachelor of Management (Justice) at the University of South Australia, an
Associate of the Australian Institute of Criminology, and, most recently, the author of
(with John Tomaino, eds), Considering Crime and Justice: Realities and Responses, Adelaide:
Crawford House Publishing, 2000. |
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| Full paper
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This conference is sponsored by the World Mediation Forum,
the University of South Australia, and the Hawke Institute.
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Updated 21 February 2003 |
