ALTERNATIVE DISPUTE RESOLUTION IN 2024 AND BEYOND - SURVEYING THE PROFESSION


Mediation and other forms of alternative dispute resolution (“ADR”) are an integral part of our legal system and their use continues to rise in NSW. In light of this growth, the Law Society of New South Wales, in conjunction with its ADR Committee, want to hear from the profession in NSW so that we can better understand their current use of ADR and their needs in 2024 and beyond.

The survey has been designed to gather information from lawyers on their choice of ADR, including client input, the use of ADR clauses, barriers to the use of ADR and the needs of the profession in relation to knowledge and skills to represent clients in ADR processes.

We are also currently conducting a study on the feasibility of compulsory pre-filing mediation for civil matters in NSW. On completion of this survey, there will be an opportunity for interested practitioners to provide input on this topic.

The jurisdiction under the Family Law Act 1975 (Cth) is highly regulated with respect to mediation (FDR in parenting cases and pre-action and Court based mediation in financial cases) in comparison to other areas of civil law. Consequently, there are a high volume of ADR events already occurring pursuant to the Family Law Act. Family law has therefore been excluded to prevent it from potentially dominating the responses and making the data harder to interpret.

The survey should take less than 10 minutes to complete. All entries will be put in a draw to win one of 5 x $200.00 gift cards. 

Your responses are anonymous. The data gathered will be used for research purposes and the research may be published.


PRELIMINARY QUESTIONS

5. Roughly what percentage of your work as a lawyer is:


OBJECTIVE 1

To explore lawyers’ views and experiences about client and lawyer input into the choice of alternative dispute resolution process.

2. Roughly what percentage of your representation of clients at mediation is:


OBJECTIVE 2

To capture and analyse the individual differences between lawyers in their use of various alternative dispute resolution processes.

2. Which of the following ADR process(es) do you prefer? 

Please rank in order of preference from 1 to 7, and choose “not applicable” as appropriate:


PRIZE DRAW



ALTERNATIVE DISPUTE RESOLUTION IN 2024 AND BEYOND - SURVEYING THE PROFESSION (PART 2)

Measure the views of lawyers about the use of mandatory pre-filing mediation or other ADR processes in various jurisdictions.

6. Which of the following courts and tribunals would be suitable for compulsory pre-filing mediation (with appropriate exemptions). 

Please rank in order of suitability, from 1 (most suitable) to 10 (least suitable):


Thank you for taking the time to participate in our survey. 

Your feedback is incredibly valuable and will help us improve. We appreciate your input and contribution to our efforts.

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