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Quality in mediation – competing interests
About the session This session will involve a discussion of recent research into mediation in the Supreme and County Courts of Victoria (released in April 2009) as well as comparable research in other jurisdictions. The session will focus on the way in which mediators conduct sessions and in particular the length and quality of open facilitated sessions. The disappearance of open sessions and the use of shuttle negotiations in some mediation cultures as well as the impact of legal cultures in privately funded mediation will be explored. |
Audio recording of this session (40 mins) >>
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In the past few years as our children have started to grow up I have been increasingly involved in mediation and conflict resolution in the international arena. This has been a fascinating experience. Whether watching and assisting with high level construction negotiations in Hong Kong, sitting in on Bedouin mediations in the United Arab Emirates in the old oasis capital of El Ain in 52 degree heat, or, experiencing (from the bench) the Red Hook Community Justice Centre in New York each experience has impressed me in terms of the depth of understanding and the enthusiasm of those in the conflict resolution field. As one Sheik said to me though it mostly comes down to ‘listen, watch, talk and be ready for them to choose their own path.’ It is really just all about respect. Alternative Dispute Resolution 3rd edition In the third edition of Alternative Dispute Resolution, Professor Tania Sourdin brings her extensive experience as a mediator, Supreme Court solicitor, researcher, educator, member of the Administrative Appeals Tribunal and member of the National Alternative Dispute Resolution Advisory Council, presenting readers with the practical skills necessary to operate in this area of law, and a solid analysis of the theory. The work reports on the continuing growth and transformation of ADR and conflict management approaches in Australia and overseas. Since the second edition, new legislation in Australia has embedded ADR practices within a wider range of contexts, new standards have redefined accreditation in business and community-based ADR, there has been a significant evolution in online dispute resolution and an emergence of processes that focus on relational approaches to conflict, in local and global situations. For a review of the book, click here >> |
Professor Tania Sourdin
Tania Sourdin BA, LLB, GDLP, LLM, PhD is a Professor of Conflict Resolution at The University of Queensland, based in Melbourne and Sydney, Australia. Professor Sourdin has extensive experience in conflict resolution, negotiation, alternative dispute resolution, commercial litigation, trade practices and consumer issues and is an active adjudicator and mediator. She is a member of National Alternative Dispute Resolution Advisory Council (for three terms) which advises the Australian Commonwealth Attorney-General on ADR processes.
Professor Sourdin has led national research projects and produced important recommendations for reform and conducted research into conflict resolution in eight courts and four independent conflict schemes. She also has extensive experience in training and educating mediators, investigators, conciliators, tribunal members, judges, architects, lawyers and others in relation to communication, mediation, negotiation and alternative dispute resolution processes.
She has worked across Australia, in New Zealand, Hong Kong, Canada, the United States, the UK, the United Arab Emirates and Italy. As well, Professor Sourdin is the author of books, articles, papers and has published and presented widely on a range of topics including mediation, conflict resolution, artificial intelligence, technology and organisational change.
In 2007 she consulted with mediators around Australia and with their assistance produced the standards that underpin the National Mediation Accreditation Scheme which has now been adopted as the mediator accreditation system within Australia.
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