Mediation is one most frequently used methods of dispute resolution in contemporary legal practice. It involves a third party neutral assisting parties in dispute to resolve their dispute using a process which does not rely on a determination.
The scope of mediation has broadened to include subtle differences in the role of the mediator. The areas in which it has been used include:
- Commercial enterprises (such as commercial, intellectual property)
- Private Law impacting on the lives of individuals (Industrial, workplace and Family)
- Equity and diversity including discrimination and peer review as well as the
- Criminal Justice systems (victim/offender dispute resolution programs and restorative justice endeavours).
A model of mediation refers to the process employed, the scope, training and role of the third party neutral (including the level of neutrality required) and the infrastructure that supports the process (private, court or government).
This course provides an overview of mediation including an exploration of the various models, the nature and role of the third party neutral and an examination of various statutory regimes which have introduced court-annexed mediation.
It examines the ongoing development of mediation including the development of different processes called mediation, hybrid processes, the ethical challenges, the role of confidentiality, neutrality and the growing body of national and international case-law.
The course provides a solid foundation for those wishing to:
- recognise where mediation sits on the ADR continuum
- identify what forms of mediation are available, what they might offer participants and what are the key elements of the various processes.
- Consider the role of the mediator in each of the different types of processes.
Main topics
- Examination of various approaches including facilitative, evaluative and transformative.
- Exploration of what a good outcome might look like in different models of the process and how this may differ depending on whether the mediation arose by private agreement between the parties, through an industry sponsored scheme or via legislative regimes mandating the use of ‘mediation’
- An overview of and an opportunity to engage in the key elements of the mediation process, including how to determine the suitability of a dispute for mediation, mediator selection, pre-mediation preparation and post-mediation agreements
- Exploration of the role and conduct of the mediator, the parties and partisans such as legal advocates
- Legal and ethical issues including a review of the growing body of current national and international case law.
