All the way with ADR: Further endorsement of ADR in litigation

In the preceding two decades, alternative dispute resolution (ADR) has increasingly been utilised in the civil justice system to assist in the resolution of disputes. The recent release of the Productivity Commission's inquiry report, Access to Justice Arrangements, has once again shone a light on the opportunities to further increase the use of ADR in civil litigation. This report endorses the trajectory of embedding ADR in the litigation process, particularly in pre-action protocols and case management and recommends additional ways to include ADR in the Australian justice system. This article will outline selected recommendations of the Access to Justice Arrangements report. It will argue that the report shows the need to further privilege ADR in the litigation process.