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Chapter 1 - Question: To what extent do courts and dispute resolution methods achieve justice for family members?

Introduction: The dissolution of familial units requires a delicate legal balance between resource efficiency and the equitable resolution of interpersonal conflict. Within the Australian legal framework, primarily governed by the Family Law Act 1975 (Cth), achieving justice for family members involves navigating a distinct tension between non-adversarial Alternative Dispute Resolution (ADR) and the formal, adversarial court system. While non-judicial mechanisms offer accessible, cost-effective, and cooperative pathways to justice, the formal court structure remains a vital, legally binding backstop for complex disputes, particularly those involving domestic violence. This essay will argue that courts and dispute resolution methods achieve justice for family members to a moderate to high extent. Ultimately, while both systems are mutually essential, their collective capacity to deliver timely and affordable justice is structurally impeded by institutional backlogs, chronic underfunding, and the inherent friction of adversarial litigation.