The focus of this research is to address the issues of access, participation and disadvantage in alternative dispute resolution processes (such as mandated arbitration, family court, business and minor disputes) for Australian speakers of English as a first language with limited literacy skills. The project will provide a strong empirical and theoretical basis for future work in law and literacy.
1. What alternative dispute resolution processes create problems for Australian speakers of English as a first language with poor literacy (and numeracy) skills?
2. What is the awareness of legal practitioners with respect to problems for Australian speakers of English as a first language with poor literacy (and numeracy) skills in ADR processes?
3. What strategies could be effective in addressing such problems and promoting awareness among legal practitioners?
A literature review and document analysis will be undertaken to identify specific literacy and numeracy demands of different alternative dispute resolution processes. A questionnaire will be distributed to all (<50) federal and state law societies.
Griffith University and the Centre for Applied Language, Literacy and Communication Studies (CALLCS) have excellent database and Internet resources for the conduct of the study. Joy Cumming has had extensive experience in adult literacy and numeracy research projects, including work for the International Adult Literacy Survey through the ABS, and through the national adult literacy and numeracy research networks. Recently-completed formal studies in law (Juris Doctor, University of Queensland) extend this research work into broader social justice areas and enable a cross-disciplinary approach to literacy. An introductory paper on the topic has been published in The ADR Bulletin. (Cumming, J.J. (2000). Literacy demands of mediation: Issues of fairness for low literacy Australians. The ADR Bulletin, 2(10), 93-96.)
