Alternative dispute resolution and access to justice in Australia

Noone, Mary Anne; Ojelabi, Lola Akin

doi:10.1017/s1744552320000099

Cited by 13 publications

(16 citation statements)

References 21 publications

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“…Researchers state that increasing the number and diversity of relevant dispute resolution institutions and processes has only a positive effect [10]. However, only the legislative consolidation of these procedures can not serve as a basis for their popularization.…”

Section: Discussionmentioning

confidence: 99%

Trends in the development of accessibility to civil rights protection

et al. 2021

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The purpose of the study is to analyze the legal regulations that cover the procedures for resolving disputes without judicial proceedings for their subsequent development and popularization. In the course of the study, in combination with a comprehensive and systematic analysis, the following general scientific cognition methods were used: dialectical, hermeneutic, synthesis, the method of ascending from the abstract to the concrete, the method of generalization and comparison. The results of the study are as follows: justice, being a necessary element of building the rule of law, should be supplemented and improved through alternative ways of resolving conflict situations. The latter shall develop civil jurisdiction and resolve disputes on a highly professional basis. It seemed that the creation of a single procedural form would be a guarantee of the effectiveness of the protection of rights, but in contrast to this idea, there was created a procedural code that regulates administrative jurisdiction. In this regard, it seems promising to develop alternative dispute resolution mechanisms, which are simpler models of protection of violated interests than the court. Therefore, the novelty of the study is in the justification of the need to identify patterns of improving access to legal protection through the use of alternative methods of dispute resolution.

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Section: Discussionmentioning

confidence: 99%

Trends in the development of accessibility to civil rights protection

et al. 2021

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“…Other still utilize a systematic law approach in studies concerned with specific geographical contexts (e.g. Francioni 2016, Liu 2016, Dadhich 2016, Mayanja 2016, Hill and Dalla 2017, Ojelabi and Gutman 2020, Noone and Ojelabi 2020. Finally, many studies combine all of these three characteristics by studying for instance the laws or systematic reforms dealing with refugees, asylum seekers or indigenous peoples in specific countries or regions (e.g.…”

Section: ) Theoretical and Methodological Studiesmentioning

confidence: 99%

Access to justice research: On the way to a broader perspective

Storgaard

2023

Oñati Socio-Legal Series

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In this paper a baseline of contemporary access to justice research is established. The baseline clearly illustrates key features of the research field suggesting that while the field of research has become more multifaceted in the course of the last two or three decades, it is nevertheless very much dominated by law scholarship and structural analysis of legal service provision. Departing from this overview of access to justice research as of today, five calls for future research on access to justice explicated in the reviewed literature is presented and discussed. I argue that future research on access to justice should: 1) Reach a clearer understanding of the problem (of access to justice), 2) consider a multidisciplinary approach, 3) support and develop evidence-based policy by committing to empirical research, 4) study a wider variety of social realities and 5) look for quality. The reasonings of this paper are based on a scoping literature review.

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“…Scholars have long studied the unequal distribution of access to courts and the variable capacity to participate meaningfully in judicial and other processes of dispute resolution. Factors such as race, social class and gender are salient (Nichols, 2017; Noone and Ojelabi, 2020; Sandefur, 2008). Theorizing on intersectionality helps to recognize overlapping, interlocking layers of disadvantage experienced by Indigenous parents (Crenshaw, 1991; Marchetti, 2008; on identity pluralism, see Sen, 2006), including ones specific to them.…”

Section: Troubles Engaging With the Systemmentioning

confidence: 99%

Indigenous parents and child welfare: Mistrust, epistemic injustice, and training

Leckey¹,

Schmieder-Gropen²,

Nnebe

et al. 2021

Social & Legal Studies

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The settler state's taking of Indigenous children into care disrupts their communities and continues destructive, assimilationist policies. This article presents the perceptions of lawyers, social workers and judges of how Indigenous parents experience child welfare in Quebec. Our participants characterized those experiences negatively. Barriers of language and culture as well as mistrust impede meaningful participation. Parents experience epistemic injustice, wronged in their capacity as knowers. Mistrust also hampers efforts to include Indigenous workers in the system. Emphasizing state workers’ ignorance of Indigenous family practices and the harms of settler colonialism, participants called for greater training. But critical literature on professional education signals the limits of such training to change institutions. Our findings reinforce the jurisdictional calls away from improving the system towards empowering Indigenous peoples to run services of child welfare. The patterns detected and theoretical resources used are relevant to researchers of other institutions that interact with vulnerable populations.

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Alternative dispute resolution and access to justice in Australia

Cited by 13 publications

References 21 publications

Trends in the development of accessibility to civil rights protection

Trends in the development of accessibility to civil rights protection

Access to justice research: On the way to a broader perspective

Indigenous parents and child welfare: Mistrust, epistemic injustice, and training

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