Civil Procedure entails the rules governing the steps taken in the process of a civil case

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CIVIL PROCEDURE AND
ALTERNATE DISPUTE
RESOLUTION
CIVIL LAW
SEPTEMBER 27, 2019

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CIVIL PROCEDURE AND ALTERNATE DISPUTE RESOLUTION
CIVIL LAW
Introduction
Civil Procedure entails the rules governing the steps taken in the process of a civil case. In
Australia, Civil Procedure emanates from the rules dictating procedure in the various courts or
tribunals. “Before existence of the current civil procedure legislation system, civil procedure in
Australia was governed by rules made by judges, recognized as Rules of the Supreme Court.”1
“Currently, however, most Australian states adhere to the contemporary rules of civil procedure,
those of delegated legislation, in which the Chief Justice of the particular Supreme Court not
only acts as the chairperson of the rules committee but also possesses the power to amend the
rules.”2
Alternate Dispute Resolution on the other hand is the process of settling disputes other than
litigation or through normal court procedure. Some alternate dispute resolution mechanisms may
be court based while others simply are out of court processes. Categories entailing ADR include
arbitration, mediation, negotiation and conciliation.3
Civil procedure versus alternate dispute resolution
According to Professor Paul D. Carrington, “the alternative dispute resolution movement is
simply a new initiative in the everlasting struggle for judicial reform.” The aims of alternate
dispute resolution movements greatly concur with objectives of legal scholars in the scope of
civil procedure, that is, improving the mechanisms of the law to attain decisions more
efficiently.4
In most instances, courts advise parties to civil proceedings to adopt alternative dispute
resolution techniques before going to courts of law, so as to avoid numerous inconveniences
associated with court processes.
1 J Merryman, The Civil Law Tradition (1969) 157.
2 Ibid.
3 Spencer, D.; Altobelli, T. (2005). Dispute Resolution in Australia. Cases, Commentary and Materials. Riverwood
NSW: Ligare Pty Ltd.
4 Paul D. Carrington & Barbara Babcock, Civil Procedure: Cases and Comments on the Process of Adjudication 3d
ed. (1983) 215-21.