Australian tribunals and alternative dispute resolution: a procedural justice perspective

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article explores the meaning of the concept of procedural justice in the context of the alternative dispute resolution ( ADR) procedures of tribunals. It argues that procedural justice should be regarded as informing such procedures, and this can be achieved not simply by transposing the legal rules of procedural fairness as they are currently constructed, but by viewing these procedures through the lens of relational factors. Empirical research in social psychology has consistently shown that individuals care deeply about procedural matters in both formal and informal settings, and relational factors such as voice, neutrality, dignified treatment, and trustworthiness play an important role in conveying messages of social inclusion and in enhancing the perceived legitimacy of legal institutions. The article argues that these beneficial effects provide a sound normative justification for taking perceptions of procedural justice seriously. The paper also examines a number of specific ADR mechanisms and assesses the potential of such procedures to satisfy these relational aspects.
LanguageEnglish
Pages443-462
Number of pages20
JournalCivil justice quarterly
Volume37
Issue number4
Publication statusPublished - 2018

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justice
trustworthiness
neutrality
social psychology
fairness
empirical research
legitimacy
inclusion

Keywords

  • alternative dispute resolution
  • Australia
  • procedural justice

Cite this

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Australian tribunals and alternative dispute resolution : a procedural justice perspective. / MacDermott, Therese; Meyerson, Denise.

In: Civil justice quarterly, Vol. 37, No. 4, 2018, p. 443-462.

Research output: Contribution to journalArticleResearchpeer-review

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T2 - Civil justice quarterly

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AU - Meyerson, Denise

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AB - This article explores the meaning of the concept of procedural justice in the context of the alternative dispute resolution ( ADR) procedures of tribunals. It argues that procedural justice should be regarded as informing such procedures, and this can be achieved not simply by transposing the legal rules of procedural fairness as they are currently constructed, but by viewing these procedures through the lens of relational factors. Empirical research in social psychology has consistently shown that individuals care deeply about procedural matters in both formal and informal settings, and relational factors such as voice, neutrality, dignified treatment, and trustworthiness play an important role in conveying messages of social inclusion and in enhancing the perceived legitimacy of legal institutions. The article argues that these beneficial effects provide a sound normative justification for taking perceptions of procedural justice seriously. The paper also examines a number of specific ADR mechanisms and assesses the potential of such procedures to satisfy these relational aspects.

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