ADR Final Essay Topics Assessment

Topic 1: The Advantages and Disadvantages of Court-Annexed ADR

The increasing institutionalisation of Alternative Dispute Resolution (ADR) in Australia is reflected in legislative and procedural mandates that require or encourage parties to attempt ADR before or during court proceedings. This growing use of court-annexed ADR has transformed how ADR is understood and practised in Australia.

In your essay, you may discuss:

• Should Australian courts be able to require parties to participate in ADR?

• Have court-annexed processes enhanced or undermined the voluntary and participatory nature of ADR in Australia?

• The advantages and disadvantages of court-annexed ADR.

You may refer to the Civil Procedure Act 2005 (NSW) particularly s 56 (the overriding purpose) and ss 59–71, and the Family Law Act 1975 (Cth) s 60I regarding the use of Family Dispute Resolution (FDR).

Recommended Readings

(Use in addition to your textbook and online modules)

• Akin Ojelabi, Olufunmilola; Noone, Mary Anne (2017). ADR processes: Connections between purpose, values, ethics and justice.

• Court-annexed mediation | Supreme Court of NSW.

  Court Annexed Alternative Dispute Resolution: The Practice of Settlement Policy – Flinders University Research.

  Alternative dispute resolution and access to justice in Australia | International Journal of Law in Context.

Additional Requirement (LAWS7044 JD Students Only)

Consider whether and how emerging forms of Online Dispute Resolution (ODR) and AI-assisted dispute resolution may impact ADR and the role of courts. Additional research may be required.

Topic 2: Cultural Diversity and Access to Justice in Australia

People from culturally diverse backgrounds often face challenges in accessing dispute resolution, including language barriers, limited legal knowledge, cultural misunderstandings, mistrust of institutions, and inflexible procedural systems.

Your essay should explore:
How can cultural differences be properly addressed in dispute resolution processes in Australia?
What measures can help overcome these challenges?

You may analyse the issues through the following perspectives:

• Indigenous dispute resolution and conflict management in Australia

• Dispute resolution for people from culturally and linguistically diverse (CALD) backgrounds

Recommended Readings

(Use in addition to the textbook and online modules)

• Literature Review: Cultural Considerations in Alternative Dispute Resolution – Antonella Rodriguez.

  Jason, Leonard A. Cultural Diversity and Conflict Resolution: Best Practices in Multicultural Societies (2023).

• Fair Work Commission – Community Engagement Strategy 2025–27: Supporting Access to Justice for CALD Communities.
  cald-engagement-strategy-2025-2027-2024-12-23.pdf

• Bhargava, Sumangala. Traditional Indigenous Conflict Resolution Methods in Contemporary ADR Frameworks (2021).

Additional Requirement (LAWS7044 JD Students Only)

Discuss how Online Dispute Resolution (ODR) may affect dispute resolution processes involving CALD participants, supported by additional research.

If you want, I can also create:

• A fully structured essay plan

• A 2,500-word final essay for either topic

• A comparison table of both topics

• A thesis statement and argument outline

Brief summary of assessment requirements 

• Task: Final ADR essay — choose ONE topic from two options.

• Word/formatting: Follow unit guidelines (use textbook and online modules plus recommended readings).

• Topic 1 — Court-annexed ADR:

  • Consider whether courts should require ADR.

  • Evaluate whether court-annexed processes advance or undermine ADR’s voluntary, participatory values.

  • Weigh advantages and disadvantages of court-annexed ADR.

  • Refer to Civil Procedure Act 2005 (NSW) (s 56; ss 59–71) and Family Law Act 1975 (Cth) s 60I (FDR).

  • Recommended readings and case/practice materials provided.

  • (JD students) also consider impacts of ODR and AI-assisted dispute resolution.

• Topic 2 :Cultural diversity & access to justice:

  • Analyse barriers (language, legal literacy, cultural expectations, mistrust, institutional inflexibility).

  • Propose measures to address these issues.

  • Discuss Indigenous dispute resolution and CALD contexts.

  • Use recommended literature and policy material.

  • (JD students) also consider how ODR affects CALD participants.

• Assessment expectations: critical legal analysis, evidence of independent research, engagement with statute and scholarship, clear argument, proper citations.

How the academic mentor guided the student 

1. Clarify task scope and selection of topic

• Mentor reviewed both topics with the student, clarified statutory references and JD-specific requirements, and helped the student choose the topic best aligned with their interests and prior research (court-annexed ADR or cultural diversity).

• Agreed the essay question and refined an arguable thesis.

2. Research planning and sources

• Mentor suggested core primary sources (Civil Procedure Act, Family Law Act, recent case law, policy statements) and a reading list from the recommended materials.

• Advised on additional scholarly articles, government reports and up-to-date sources on ODR/AI or CALD strategies where relevant.

• Set a target bibliography of high-quality sources and a minimum of required readings.

3. Structuring the essay and argumentation

• Mentor outlined a logical structure: introduction with thesis, background/context, legal framework, critical analysis of arguments (for/against), comparative examples or case law, policy implications, and a clear conclusion with recommendations.

• For Topic 1: emphasised balancing voluntary ADR principles against access-to-justice benefits and court efficiency.

• For Topic 2: recommended separate sections on Indigenous mechanisms and CALD responses, followed by practical measures (interpreters, culturally tailored FDR, procedural flexibility).

4. Drafting legal analysis and integrating authorities

• Mentor coached the student on integrating statute, cases and academic commentary: use statutory provisions to frame issues (e.g. s 56 overriding purpose), then apply scholarship to critique practice.

• For JD students, mentor modelled how to incorporate ODR/AI literature and ethical/regulatory considerations.

5. Critical evaluation and policy recommendations

• Mentor encouraged evidence-based critique: identify benefits (access, settlement rates, reduced costs) and harms (coercion, unequal power dynamics, procedural unfairness).

• Guided the student to propose balanced reforms (safeguards, informed consent mechanisms, training for neutrals, monitoring of outcomes, culturally sensitive ADR practice).

6. Draft review, referencing and compliance

• Mentor reviewed drafts for logical flow, legal accuracy, citation style, and academic tone.

• Checked proper citation of statutes, cases and readings, and ensured the inclusion of recommended texts.

• Advised on final proofreading and adherence to submission requirements.

Final outcome and learning objectives achieved

Outcome delivered:

• A well-structured essay addressing the chosen topic, containing: contextual background, statutory and case law analysis, engagement with recommended scholarship, critical discussion of pros/cons, policy recommendations, and (for JD students) considered reflection on ODR/AI where required. Drafts were revised under mentor feedback and finalised with accurate citations.

Key learning objectives covered:

• Critical application of legal statutes and case law to ADR policy questions.

• Evaluation of competing values: voluntariness, access to justice, efficiency, fairness.

• Research skills: locating and integrating primary and secondary sources, including contemporary policy materials.

• Advanced legal reasoning: constructing balanced arguments and justified recommendations.

• (For LAWS7044/JD) Awareness of technological impacts on dispute resolution (ODR/AI) and the ethical/regulatory implications.

• Academic writing skills: clear thesis development, structured argument, coherent conclusion, and precise citation.

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