Facilitative processes in tribunals. Prof Tania Sourdin La Trobe University. Approaches. Pre-litigation ADR – either supervised or unsupervised by tribunals and often involving mandatory strategies (Example – retail lease).
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Prof Tania Sourdin
La Trobe University
‘A court that makes available a Judge or a Registrar to conduct a true mediation is forsaking a fundamental concept upon which public confidence in the integrity and impartiality of the court system is founded. Private access to a representative of the court by one party, in which the dispute is discussed and views expressed in the absence of the other party, is a repudiation of basic principles of fairness and absence of hidden influence that the community rightly expects and demands that the courts observe.’
Many tribunals limit the activities of lawyers.