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Pacific development and mediation

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How can mediation enhance governance and party certainty and thereby enhance economic development?

ambengcallumA key element to economic and social development in the Pacific is effective governance. The Australian Mediation Association (AMA) has played a part in Pacific island development via its court-annexed mediation training and accreditation programs. In 2010 the AMA trained judges and court officials from the Solomon Islands High Court; and for the Papua New Guinea National and Supreme judges and court officials.

Both countries are seeking to address increasing court case backlogs via the use of mediation. The case back-log is one of the brakes on economic and social development in the Pacific. Many of the cases are commercial and involve conflict with local landowners. The challenge has been to provide this system is such a way that is respectful of the participants, their cultures and the context in which the mediation work is to occur. This paper seeks to explain the intersection between training, mediation and real world economic development. The paper proposes that economic development can be achieved in developing Pacific nations via a system that enhances the local and foreign respect for local mediation systems and is squarely grounded in a commercial model that focuses on the development of a local mediation sector and the facilitation of affective commercial outcomes between the parties. The court-annexed model is promoted as the most effective method for achieving increased governance and increased certainty for the parties. Finally, the paper reviews the possibilities arising from AMA’s phase 2 training and mediation programs in the Pacific in terms of a real world mediation model for resources sector disputes in developing countries.

craigjThe three presenters will each take a particular element of the mediation process in the Pacific: training, court annexed system and resources sector conflict. The audience will have the paper prior to the event as a reference source. The speakers will focus the discussion on the notion of mediation enhancing governance and party certainty and thereby enhancing economic development. The “challenge” concept is ‘applied mediation’ as new phase of professional development.

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team

In the period since mid-2010 this team has conducted mediation training and accreditation courses for the Solomon Islands’ High Court, the PNG National and Supreme Courts and associated judiciary and legal professions.

All three have a commitment to the application of mediation in developing countries as a way of enhancing economic development in those countries.

Craig Jones (left), Callum Campbell (centre and Judge Ambeng Kandakasi

 

Callum Campbell (left)

Callum Campbell is a lead trainer at the Australia Mediation Association. Callum works across many forms of mediation from family through to the resources sector both in Australia and internationally.

Judge Ambeng Kandakasi (right)

Judge Ambeng Kandakasi is the Chair of the ADR committee of the National Court of PNG. He is the track Judge of the PNG National and Supreme Courts of PNG and has extensive experience in the management of mediation internationally.

Craig Jones (below left)

Craig Jones is a lead trainer at the Australian Mediation Association. Craig Jones has worked in negotiation and mediation across the resources sector, communities and with Indigenous peoples in Australia and internationally over the last 20 years.

 

 

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