Including alternative dispute resolution clauses in legislation
This is a single section from Chapter 26. Read the full chapter here.
Should the legislation contain an ADR provision?
ADR provisions should be included in legislation where the potential nature of the dispute is suitable for determination by ADR.
Not all disputes can be appropriately addressed by ADR. The resolution of criminal charges, determining points of law, or cases that require a determination of critical disputed facts will not generally be suitable for ADR. ADR will not be appropriate where important issues of public policy are at stake, the dispute relates to the content of legislation, a dispute over the meaning of legislation exists, fundamental rights or allegations of abuse of power are involved, or the outcome sought by one of the parties is outside the powers of the decision maker concerned.