This post has been contributed by Judith Herrmann and Claire Holland, who are both lecturers in the Conflict Management and Resolution program at James Cook University (JCU).

Judith and Claire presented at this year’s National Mediation Conference. They discussed their personal experiences with developing training for mediators in different cultural settings overseas, including the Thailand-Burma border and the Central African Republic (CAR). Claire and Judith reflected on how their studies in conflict management and resolution as well as their mediation training in Australia had assisted them in developing training modules in these different settings. They evaluated which skills and procedural features of the Australian facilitative mediation model they found to be of greatest use and which procedures needed to be modified to be applicable to the specific locations in which they worked.

The Australian mediation standards are based on a “Western” approach to dispute resolution, such as maintaining confidentiality, managing power imbalances, maximising self-determination, etc. and not all of them necessarily find exact application in other cultural settings. The concept of creating a ‘safe space’ to talk, for example, has a different meaning in a refugee camp compared to the Australian context. Also, the idea of having a third party with ‘no vested interest in the outcome’ is unrealistic in remote villages, such as in CAR, where village chiefs are often the accepted providers of all conflict resolution processes. Additionally, maintaining confidentiality can be both impractical and undesirable in particular contexts. When discussing how mediation could work for culturally specific conflicts, such as adultery or witchcraft, mediation practices taught in the western mediation models are especially challenged.

Ideally, mediation training and conflict resolution tools are developed with the needs of the recipients of the service in mind. When creating training resources that meet local needs it is important to consider how far the definition of ‘mediation’ can be stretched and what innovations can be adapted within the process that are supported by literature and informed by practice.

Judith and Claire highlighted challenges for practitioners who are trained in a “Western” mediation model and who are working in culturally diverse settings where the client’s prior experience and expectations of ‘mediation’ may differ greatly from the views of the practitioner/trainer. Judith and Claire flagged the importance of being flexible in one’s approach to meet the needs of the participants of a process, and to innovatively and creatively adapt one’s knowledge and skills to different contexts. The presentation also highlighted the benefits of sharing experiences with practitioners and academics to contribute to the conversation of the evolving nature of mediation practice.

Judith and Claire concluded that their postgraduate studies in Conflict Management and Resolution were invaluable in developing their ability to analyse and respond creatively to issues in various cultural settings.  Judith completed her studies at JCU, where she is now the Director of the Conflict Management and Resolution program. This program builds students’ knowledge and skills in analysing, managing and resolving conflict, with subjects such as negotiation, mediation, facilitation, group conferencing and conflict coaching. Courses on offer include a Masters, a Graduate Certificate as well as Professional Development options. JCU offers flexible study with online subjects and optional weekend block-mode classes. If you are interested in doing any further study in Conflict Management and Resolution, check out the JCU program at  www.jcu.edu.au/conflictresolution

Because the shadow of the law plays a part in most disputes, the ability to access law is essential for negotiators and (some) dispute resolution practitioners. Otherwise, the legal merits of a dispute cannot be assessed as one of the measures by which parties decide whether or not to resolve their matter in a particular way.

In Australia, AustLII provides an open access platform from which anyone can access legislation (both Acts of Parliament and subordinate legislation), case law from all jurisdictions (including many tribunals), and a plethora of secondary materials such as journal articles. There are alternative reporting services that many researchers who are affiliated with a university can access via a paid subscription service.

In the small states of the Pacific, the Pacific Islands Legal Information institute
(PacLII) provides the equivalent open access database of legal materials. There are no comparable or comprehensive subscription services.  If PacLII was diminished, there would be dire consequences for academics, legal and dispute resolution practitioners, and people who want to research the law in Pacific Island jurisdictions.

At the Australasian Law Teachers’ Association Conference in July in Wellington, New Zealand, University of the South Pacific  (USP) lecturer and new Director of PacLII Anita Jowitt spoke to conference delegates at the closing session. Anita alerted us to the fact that from 1 July 2016 PacLII’s funding is no longer assured. Whilst USP is continuing to support PacLII, options for the future sustainability of PacLII need to be explored quickly, and sustainability strategies implemented.  Anita noted that the Pacific Islands are in many senses a frontier of law, and support for PacLII also includes becoming part of the community of people who research and publish on Pacific law.

What to do

This post is intended to raise awareness of the problem. Readers are encouraged to consider how they can contribute to providing support for PacLII. Options might include:

• Making a financial contribution or starting fundraising to contribute to PacLII;

• Joining new research networks that PacLII is launching (the Pacific Constitutions Research Network paclii.org/pcn/index.html is now open);

• Contacting Anita and exploring other options such as tasking or sponsoring students with some of the work required to maintain PacLII (through internships etc).

Anita made it clear in her presentation that she wants to take a problem solving approach to the situation. She is open to ideas.

Anita can be contacted jowitt_a@vanuatu.usp.ac.fj

The bi-annual National Mediation conference is being held at the Gold Coast with pre-conference workshops beginning on Sunday 11 September.  The conference itself runs from Monday 12 September to Wednesday 13 September and there is also a Dispute Resolution Research Forum being held at Bond University on Thursday 14 September.  A number of members from the Australian Dispute Resolution Research Network will be presenting aspects of their research (a copy of the program can be found here):

Susan Armstrong – A session on “Family Dispute Resolution in multicultural and multifaith Australia – What does it mean for Australian Muslims?

Pauline Collins – A member of the organising Committee for the conference

Jon Crowe – A plenary session on “Two Models of Mediation Ethics”

Kathy Douglas – A session on “Disputes in vertical living: Facilitating conflict resolution”

Sue Douglas – A session on “Power in mediation”

Rachael Field – A session on “Family violence: Innovations for the next decade”

Danielle Hutchinson and Emma-May Litchfield – A session on “The future of dispute resolution: A global perspective”

Lola Akin Ojelabi – A session on “Mediator attitudes toward confidentiality and public interest/policy issues: Responses from Australian and US (Californian) mediators”

Olivia Rundle – A session on “Including trans, gender diverse, intersex and/or non-heterosexual people in mediation service delivery”

Bobette Wolski – A session on “The revised NMAS Practice Standards: Mind the gaps”

This list does not include some presentations that are being delivered on the Research Forum Day, but it goes without saying that the Netowrk is also well represented at the forum.  If you are a member of the Network and I have inadvertantly left a session of yours off this list, please let me know (james.duffy@qut.edu.au) and I will add your session to the list.