There is a time and place for mediation but a bullying allegation in the workplace is not one

This month we’re revisiting some of the most viewed ADR Research Network blogs. This Blog by Carmelene Greco – Monash law student studying Non-Adversarial Justice with Associate Professor Becky Batagol in 2016 was posted in 2017 and has the most all time views – 13, 260 – of all our posts. Congratulations Carmelene!

Associate Professor Becky Batagol's avatarThe Australian Dispute Resolution Research Network

 By Carmelene Greco

 

This post is the final in a series of posts on this blog written by students studying Non-Adversarial Justice at the Faculty of Law at Monash University in 2016. Students were invited to write blog posts explaining various complex areas of law relating to dispute resolution to ordinary readers. The very best post on each topic is published here.

 

bully Photo Credit: Dick Vos

The practice of mediation to resolve workplace bullying allegations is controversial and largely debated amongst academics. Ironically, effective resolution of such disputes is extremely important in our jurisdiction, with Australia having substantially higher rates of workplace bullying when compared to our international counterparts. This “hidden problem” requires a specialist and careful response but mediation is not it, and it may in fact make the situation worse.

Workplace bullying is notoriously difficult to define and there is still no nationally…

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About Dr Rachael Field

Rachael is a Professor of Law in the Bond University Faculty of Law, and Co-Director of the Bond Centre for Dispute Resolution and Bond’s Centre for Professional Legal Education. Her areas of teaching and research expertise include dispute resolution, family law and domestic violence, lawyer and law student well-being and legal. Rachael has published widely in the dispute resolution field and completed a PhD on mediation ethics in 2011. Amongst other works, she is the author of Australian Dispute Resolution (2022) and co-author with Laurence Boulle of Mediation in Australia (2018). Rachael founded the Australian Wellness Network for Law and co-founded the ADR Research Network. She has been involved with Women’s Legal Service, Brisbane since 1993 and is now an Ambassador for the Service. In 2013 Rachael was named Queensland Woman Lawyer of the Year and in 2020 she was elected to be a life-long Honorary Academic Bencher of the Inner Temple in London.

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