Common questions
What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) provides parties in civil matters with an alternative to a trial.
There are two forms of ADR in the Supreme and District Courts:
- mediation, where an independent person or mediator helps the parties to negotiate an agreement to resolve the dispute, or part of it
- case appraisal, where an independent person or case appraiser assesses the merits of the case and makes a decision similar to a judgment of the court.
The process used depends on which is more likely to be successful in the particular case.
Why is ADR used?
ADR can:
- reduce the case load in the courts and help prevent delays
- avoid the expense of a trial for the court and for you
- help you reach a settlement at an early stage
- be a lot less formal than court proceedings.
Mediation allows you to negotiate outcomes that a judge may not have the power to order if the dispute goes to trial.
Does ADR have a legislative base?
ADR is based on both the Supreme Court of Queensland Act 1991 the District Court Act (1967) and the Uniform Civil Procedures Rules 1999.
Are ADR sessions confidential?
Mediators and case appraisers are not allowed to repeat anything they hear during the ADR process.
There are some exceptions including:
- the provision of information for statistical purposes
- when both parties consent.
What costs are involved?
You are charged for the services of the mediator or case appraiser unless the court orders otherwise.
ADR providers charge fees and you should inquire about the fee before agreeing to appoint them. Generally, each party pays an equal proportion of this fee.
You will have to pay your own lawyer’s fees.
Who are mediators and case appraisers?
Mediators and case appraisers are experienced professionals approved by the Supreme and/ or District Court. In many cases, they are also trained lawyers with many years of experience in their field of expertise.
The registrar of the Supreme Court keeps a list of approved mediators and case appraisers. It is available free of charge on request and sets out mediators’ interests, experience and fees.
If all parties agree, a mediator who is not on the courts’ lists can be used.
Is ADR voluntary?
ADR can be voluntary or ordered by the court.
Can the court order the parties to ADR?
The court may order ADR if:
- the parties have not agreed to voluntarily try mediation or case appraisal
- ADR wasn’t considered, e.g. when one party files an application in court for the performance of pre-trial steps and the court considers that it is an appropriate dispute for referral to ADR.
Last updated 08 December 2007
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