The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal disputes. In practice, however, alternative dispute resolution requires the ability to comprehend complex written texts involving both literacy and numeracy. This report investigates the difficulties experienced by users of alternative dispute resolution in Australia, as a result of their levels of literacy and numeracy skills. The study highlights that limited literacy and numeracy can be a barrier to fair participation in mediation processes, despite these processes being promoted as a fair and equitable process for all. The report identifies alternative dispute resolution processes that lead to difficulties, includes suggestions for professional development for mediators, and offers specific strategies for mediators to assist those who have limited literacy and numeracy.
NCVER