Problem-Solving Courts in Australia: A Review of Problems and Solutions

Abstract

This article reviews the experience of Australian problem-solving courts since their introduction 20 years ago. The paper begins with a description of these courts, describing how the cautious tone that accompanied their emergence has evolved into blurred definitions and interpretations. We then describe some of the prospects (participant satisfaction, collaboration, and effectiveness) and pitfalls (scope, access, content, and constitutionality) of problem-solving courts. We conclude by forwarding recommendations for the future of these courts (improving access, assessments, services, processes, and research), suggesting that the problems and the solutions must be better defined and resourced for Australian problem-solving justice to be just.