ADR: Championing the (Unjust) Resolution of Bullying Disputes?

Regardless of the legal or other pathways chosen to address a bullying dispute, it is commonplace for (alternative) dispute-resolution (ADR) techniques, such as mediation, to be a part of the resolution process. ADR comes with a range of possible costs and deficiencies including concerns that justice is not necessarily always done, despite ADR’s claimed “success” from the perspectives of some ADR practitioners, lawyers, and the systems within which they work. In this article, we look at the suitability of ADR for workplace bullying disputes. As is the case with ADR in family and domestic violence matters, there are also issues concerning power imbalances between the parties in bullying cases. In addition, we examine the possible consequences of “off-the-record” ADR settlements on the Australian legal system – case law and precedent, and the community as a whole. We consider the answers to these questions through critical analysis, which is complemented by our experiential knowledge. Lastly, we make conclusions and recommendations for improved and fairer dispute resolution processes and better settlement outcomes.