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

Doris BOZIN, Allison BALLARD, Patricia EASTEAL

Research output: Contribution to journalArticle

Abstract

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.
LanguageEnglish
Pages162-172
Number of pages11
JournalAustralasian Dispute Resolution Journal
Volume29
Publication statusPublished - 2019

Fingerprint

exclusion
experiential knowledge
case law
legal system
domestic violence
lawyer
mediation
workplace
justice
costs
community

Cite this

@article{7b67b1b595cb4d008aeab5daba895fa4,
title = "ADR: Championing the (Unjust) Resolution of Bullying Disputes?",
abstract = "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.",
author = "Doris BOZIN and Allison BALLARD and Patricia EASTEAL",
year = "2019",
language = "English",
volume = "29",
pages = "162--172",
journal = "Australasian Dispute Resolution Journal",
issn = "1441-7847",

}

ADR: Championing the (Unjust) Resolution of Bullying Disputes? / BOZIN, Doris; BALLARD, Allison; EASTEAL, Patricia.

In: Australasian Dispute Resolution Journal, Vol. 29, 2019, p. 162-172.

Research output: Contribution to journalArticle

TY - JOUR

T1 - ADR: Championing the (Unjust) Resolution of Bullying Disputes?

AU - BOZIN, Doris

AU - BALLARD, Allison

AU - EASTEAL, Patricia

PY - 2019

Y1 - 2019

N2 - 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.

AB - 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.

M3 - Article

VL - 29

SP - 162

EP - 172

JO - Australasian Dispute Resolution Journal

T2 - Australasian Dispute Resolution Journal

JF - Australasian Dispute Resolution Journal

SN - 1441-7847

ER -