Neil Twist

Appropriate Dispute Resolution in Victoria
Making dispute resolution cheaper, quicker and simpler
ANZSOG Conference 28 July 2011
Neil Twist
Director, Appropriate Dispute Resolution
Department of Justice, Victoria, Australia

Presentation Outline
1.Background.
2.Communication strategy in relation to one
aspect of Appropriate Dispute Resolution
(ADR) in Victoria – the Dispute Settlement
Centre.
3.The results.
PG2

Background
•ADR refers to processes, other than judicial determination, in
which an impartial person assists those in a dispute to resolve
the issues between them.
•ADR is commonly used as an abbreviation for alternative
dispute resolution, but can also mean assisted or appropriate
dispute resolution.
•Approx 3.3 million disputes in Victoria each year.
•Total cost of resolving disputes to Government and the
community is approx $2.7 billion.
(Source: Dispute Resolution in Victoria: Community Survey 2007)
PG3

Background
The ADR Directorate has a budget of $4.5million per annum
to expand ADR across the state. In 2008 we commenced a
program of expansion of ADR services throughout regional
Victoria.
The 5 elements of the budget are as follows:
• Establishment of ADR Directorate
• ADR in Higher Courts (Supreme and County Courts)
• ADR in regional Victoria – Dispute Settlement
Centre
• Communication and online strategy
• Data and reporting framework
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ADR in regional Victoria
Dispute Settlement Centre of Victoria
The Dispute Settlement Centre of Victoria employs 40 staff throughout
Victoria.
Since 2008 we have progressively located staff in 8 regional Justice
Centres. Staff work in partnership with local agencies to resolve a wide
range of disputes at a local community level.
Mediations are conducted by staff plus 120 sessional mediators drawn
from a range of professions across Victoria.
The aim of this project is early intervention – resolving disputes long
before they get to the Court door.
PG5

Communication strategy
AIM
To increase awareness of the Dispute
Settlement Centre of Victoria’s services.
To decrease the rate of wrong referrals to
the Dispute Settlement Centre of
Victoria.
CHALLENGE
RESPONSE
Limited resources to devote to
community engagement.
Help others to help us: Best possible use
of people and technology.
PG6

Helping others to help us
People
We analysed data for key referrers to the Dispute
Settlement Centre of Victoria.
Local councils and the courts were by far the biggest
referrers.
We equipped our regional staff to develop strong links
with local media and councils.
ADR Communication Toolkit provides handy resources
for referrers to give to clients about ADR.
PG7

Helping others to help us
Technology
The development of www.disputes.vic.gov.au. This website
has 2 sites with 2 related but distinct functions:
• Conflict coaching and general information on ADR. The
website was awarded the ABS National Marketing Award
in 2010 for innovation in communicating across cultures.
• Promotion of the Dispute Settlement Centre of Victoria.
Includes training information and will include enrolment.
PG8

PG9

PG10

The results – caseload
• DSCV has an average resolution rate of 85%.
• DSCV now handles almost 3 times more disputes than in the years
prior to 2008.
1800
1600
1400
1200
1000
800
600
400
200
2000-2008 average 2008/2009 2009/2010 2010/2011
Dispute Assessment Officer
settlements
226 483 690 875
Mediations 423 589 815 835
PG11

The results – community education
• DSCV has grown its community education practice from an average of
125 sessions per year to 578 sessions in 2010/11.
• An increase of 362%.
700
600
500
400
300
200
100
0
Community education
sessions
2004-2008
average
2008/09 2009/10 2010/11
125 110 353 578
PG12

Thank you
Neil Twist
Director, Appropriate Dispute Resolution
Department of Justice, State of Victoria, Australia
Email:Neil.Twist@justice.vic.gov.au

Putting Citizens First
Collaboration with our
Stakeholders
July 2011

What we do
• Information
• Education
• Advice and minor assistance
• Representation (a grant of legal aid)
• Policy and law reform
• Community programs

Our programs
• Criminal law
• Family law
• Civil law
• Community partnerships

Our locations
Lismore
Dubbo
Wagga Wagga
Orange
Tamworth
Gosford
Sydney
Wollongong
Nowra
Newcastle
Coffs Harbour
Bankstown
Blacktown
Burwood
Campbelltown
City
Fairfield
Liverpool
Manly
Parramatta
Penrith
Sutherland

Community Partnerships
• Community Legal Centres (CLCs)
• Children’s Court Assistance Schemes (CCAS)
• Women's Domestic Violence Court Advocacy
Program (WDVCAP)
• Cooperative Legal Service Delivery (CLSD)
Program
• Regional Outreach Clinic Program (ROCP)
• Community Legal Education

Community Legal Centres
• CLCs are independent, non-profit organisations
• They provide a range of legal services such as
casework, law reform & community legal
education, to disadvantaged communities
• Legal Aid NSW funds 36 CLCs

Children’s Court Assistance
Scheme (CCAS)
• The CCAS provides a roster of trained youth workers
to assist young people and their families on their
court day
• It provides information about the children's court
process and outcomes, informal counselling, conflict
resolution and referral to welfare services

Women’s Domestic Violence Court
Advocacy Program (WDVCAP)
• The WDVCAP assists women and children
experiencing domestic violence to obtain legal
protection through an ADVO
• It also helps them to access services for their
other legal and social/welfare needs
• The programs funds 28 court advocacy services
in 108 Local Courts across NSW

Cooperative Legal Service
Delivery (CLSD)
• CLSD is a regionally based approach to legal service
delivery
• Brings together key legal services and community
organisations
• Central West, Northern Rivers, Central Coast, Hunter,
Albury, Wagga, Central Tablelands, Far West & South
Coast regions
• Strategic, cooperative, evidence based planning

Regional Outreach Clinic
Program (ROCP)
• ROCP funds private practitioners & CLCs to provide
legal advice clinics in rural areas (particularly those
with significant Aboriginal communities)
• 13 clinics in areas where not feasible for Legal Aid
NSW to run an outreach service e.g Boggabilla,
Bowraville, Tenterfield, Wentworth
• Choice of locations based on evidence of
disadvantage and lack of access to free legal
services
• ROCP is in Policy, Planning & Management
Reporting Division

Community Legal Education
• CLE aims to improve access to justice
• Core part of Legal Aid services which involves:
- legal education to communities & the public
- improving the public’s understanding of Legal Aid &
the legal system
• All CLE work is recorded in the CLE Management
System (CLEMS)

NSW Legal Assistance Forum
What is NLAF
• Interagency forum
• Members are key legal service providers from
government, non-government & the private
sector who have an interest in providing legal
services to disadvantaged communities
• Emphasis on working cooperatively and
collaboratively in the development and delivery
of legal services

NLAF members
• Legal Aid NSW
• Department of Justice and Attorney General NSW
• The Law Society of NSW
• The NSW Bar Association
• Community Legal Centres NSW Inc (CLCNSW)
• Aboriginal Legal Service (NSW/ACT)
• Law and Justice Foundation of NSW
• Public Interest Law Clearing House NSW (PILCH)
• Public Interest Advocacy Centre (PIAC)
• LawAccess NSW
• Legal Information Access Centre

NLAF objectives
• Improve legal services for disadvantaged
communities though improved alignment of
planning, program design and service delivery
• Promote co-operative arrangements &
collaboration between organisations within the
sector for effective service delivery
• Identify and incorporate the best available
research
• Promote dialogue and debate
• Consult and respond to emerging issues, policy
and law reform

NLAF working groups & forums
• Domestic violence working group
• Employment Law working group
• RRR working group
• Prisoners Forum
• Legal Information and Referral Forum
• Learning and Development Group