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The difficulties experienced by users of adult dispute resolution
in Australia are investigated in this report and processes that
lead to difficulties are identified. The report offers suggestions
for professional development and specific strategies for mediators
to assist those who have limited literacy and numeracy.
- This study demonstrates that limited literacy and numeracy can
be a barrier to fair participation in alternative dispute resolution
processes, despite its being promoted as a fair and equitable
process for all. It is likely therefore that participants in alternative
dispute resolution who have limited literacy and numeracy are
not achieving fair outcomes from these processes.
- Application forms for participation in the alternative dispute
resolution process and some associated documentation require fluency
at a level equal to at least a level IV certificate in the Australian
Qualifications Framework.
- It is possible that individuals who have limited literacy and numeracy
are not accessing alternative dispute resolution processes due
to the literacy and numeracy demands of the forms and guidelines,
and a general reluctance to engage with the law.
- Alternative dispute resolution practitioners need awareness
training to enable them to identify potential literacy and numeracy
difficulties in clients, especially as many adults will not willingly
disclose such difficulties due to public embarrassment. To date
this has not been a specific focus.
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