An Introduction To The Challenges And Possibilities Of Faith-Based Arbitration In Australia

Formalised faith-based dispute resolution is a growing and important mechanism for implementing the principles of alternative dispute resolution (ADR) and offers particularised arbitration and mediation outcomes, serving needs not met by traditional approaches to conflict resolution. Recent developments in Australian case law have exposed limitations in the operation of faith-based dispute resolution and in the understanding that courts and other arbitration bodies have about its operation. This article explores the nature and principles of faith-based arbitration and highlights its ability to solve disputes through the application of principles held by the parties and through integrated relationships, as well as its cost efficiency, speed and flexibility. It also considers the limitations arising from the cultural and legal dissonance between faith-based dispute resolution and the legislative regimes governing ADR in Australia.