About Dr Claire Holland

Dr Claire Holland is mediator, conflict coach, and trainer with the Conflict Management Academy, an Adjunct Senior Researcher with the Cairns Institute, James Cook University, and international consultant, currently working in Papua New Guinea.

Mediator Dilemmas, Reflective Practice, and the Artistry of Ethical Judgment

Posted on 04/09/2025 by Dr Claire Holland

Dr Claire Holland

Why Mediator Dilemmas Matter

Mediation is often described as structured and principled. An approach that empowers parties to find their own way through conflict with the support of a neutral third party. At its best, mediation provides a space where voice, dignity, and autonomy are protected. Yet, despite this aspirational framing, the reality of practice is rarely straightforward.

Mediators work in rooms populated with human beings whose lives are in flux, often carrying frustration, fear, and a history of fraught relationships. Emotions surge, narratives collide, and the “facts” of the matter are contested, incomplete, or strategically presented. In this unpredictable terrain, ethical dilemmas are inevitable. Should a mediator intervene to balance power? How should they respond when one party is overwhelmed? What if an agreement seems clearly unfair?

Such dilemmas do not have easy answers. They exist in what Donald Schön famously described as the “swampy lowland” of professional practice (1983). Schön’s work on reflective practice provides a powerful frame for understanding the artistry required of mediators. That is, an artistry that blends technique, intuition, ethics, and reflection in order to navigate dilemmas that cannot be resolved through formulaic responses. Lang and Taylor (2000) similarly argue that becoming a skilled mediator is not simply about mastering techniques but about developing reflective capacity. In their text The Making of a Mediator, Lang and Taylor integrate Schön’s reflective practitioner model into the ADR field. Lang in his 2019 text The Guide to Reflective Practice in Conflict Resolution further positions reflective practice as the cornerstone of professional growth in mediation and conflict resolution.

In this blog, I explore how reflective practice helps illuminate the complex ethical landscape of mediation. Drawing on a case study of a residential tenancy bond dispute, I show how reflection-in-action and reflection-on-action enable mediators to navigate dilemmas in the moment and build artistry over time. I then connect these ideas to broader scholarship in Australia and beyond, where the development of mediator artistry has been central to debates about ethics, professionalism, and mediator expertise.

The Reflective Practitioner in the “Swampy Lowland”

Donald Schön’s seminal text The Reflective Practitioner (1983) challenged dominant assumptions about professional knowledge. At the time, technical rationality (the belief that professional competence flowed from the application of scientific theory) was the prevailing model. According to this view, the professional problem was to apply rules, methods, and procedures correctly.

Schön, however, observed that in many domains, including planning, architecture, education, and counselling, practitioners worked not in well-ordered problem spaces but in messy, uncertain contexts. Here, problems were ill-defined, values were contested, and outcomes could not be predicted with precision. These were the “swampy lowlands” of practice (Schön, 1983, p 42).

To navigate this terrain, Schön introduced the concepts of:

Knowing-in-action: the tacit, often unspoken knowledge that practitioners draw on automatically in the course of doing. Much of what professionals know is embodied and experiential, rather than explicitly codified (p 49).
Reflection-in-action: reflection that occurs in the moment of practice itself such as a fluid, improvisational interplay between thinking and doing (similar to a jazz musician improvising with other players) (p 54).
Reflection-on-action: deliberate reflection that occurs after an event, allowing practitioners to make sense of what happened and plan differently for the future (p 61).

Aligning with the views of Lang and Taylor (2000) and Lang (2019), mediators operate squarely in Schön’s swamp. Every mediation involves multiple unknowns: unpredictable dynamics between parties, shifting emotional intensity, cultural nuances, and competing ethical obligations. While codes of conduct provide necessary guidance, they cannot dictate every move. The mediator must learn to improvise by engaging in a “conversation with the situation” (p 79), as Schön put it, where each action invites feedback, and the practitioner adjusts in real time.

A Case Study: Mediator Dilemmas in a Tenancy Bond Dispute

To illustrate, this is an example case drawn from numerous personal experiences in tenancy mediations. These disputes often involve recurring participants, such as property managers representing landlords, who become adept at navigating the process. They sit across from tenants who may be experiencing mediation for the first time, which can create a power imbalance that raises ethical and procedural questions.

The scenario: A tenant, Jacob, seeks the return of his $2,600 bond. Opposite him sits Sarah, a property manager representing the landlord. Sarah is confident, well-prepared, and armed with condition reports, inspection photos, and invoices. Jacob, by contrast, is distressed, under-prepared, and reliant on narrative rather than evidence.

From the outset, a mediator is confronted with dilemmas:

Power imbalance: How should the mediator address the contrast between Sarah’s professional confidence and Jacob’s emotional vulnerability?
Procedural fairness: Can a process be “fair” when one party cannot effectively participate? Should the mediator slow the pace, summarise evidence, or even suggest Jacob seek advice, knowing this may frustrate Sarah?
Knowledge from prior mediations: The mediator recalls that Sarah often claims full invoice amounts despite regulatory provisions that might reduce the actual amount that can be claimed (such as the age of damaged carpet). Is it ethical to draw on that memory in this mediation?
Advice vs information: In private session, Jacob asks bluntly whether he is “legally entitled” to the bond. Where is the line between providing neutral information and slipping into legal advice?
Unfair agreement: Jacob ultimately agrees to accept a $300 return, with $2,300 dispersed to the landlord, seemingly out of fatigue and resignation. Should the mediator intervene if the settlement feels unjust?
Emotional breakdown: After agreement, Jacob breaks down, expressing hopelessness and despair. What is the mediator’s duty of care in relation to his wellbeing?

Each of these dilemmas places the mediator at a crossroads. There is no single “correct” answer. Instead, the mediator must reflect-in-action, balancing ethical obligations, professional role boundaries, and human sensitivity in the moment.

Reflection as Ethical Compass

Why does reflective practice matter here? Because mediation dilemmas are not only practical, they are also ethical. A mediator who blindly follows procedure may preserve neutrality on paper, but fail to achieve fairness in reality. Conversely, a mediator who overcompensates for a vulnerable party may risk undermining the perception of impartiality.

Reflection provides a compass in these grey zones. It allows mediators to:

Integrate theory and practice: Reflection bridges the gap between principles (such as neutrality and self-determination) and their messy application in practice.
Maintain ethical awareness: By questioning not only what they do but why, mediators can avoid drifting into unconscious bias or complacency.
Support emotional regulation: Reflection enables practitioners to notice their own triggers (perhaps frustration at a repeat-user’s tactics, or empathy for a vulnerable party) and to regulate responses appropriately.
Adapt strategically: Reflection encourages creativity in the moment, enabling mediators to shift structure, language, or process design to re-balance participation.

In short, reflective practice turns ethical dilemmas from paralysing obstacles into opportunities for professional growth and responsive practice.

The Development of Artistry in Mediation

Schön used the term artistry to describe the culmination of reflective practice as the ability to act intuitively, creatively, and ethically in uncertain situations. Artistry goes beyond technical competence. It is not simply knowing the steps of a mediation, but knowing how and when to adapt them.

Australian scholarship has made significant contributions to theorising and applying this concept in mediation. The recently revised Australian Mediator and Dispute Resolution Accreditation System (AMDRAS, 2025) explicitly integrates reflective practice, professional judgment, and ethical decision-making into its competency framework, embedding artistry as a national standard. Across the literature, artistry is framed as adaptive expertise and flexible judgment (Spencer, 2024; Spencer & Hardy, 2014; Boulle, 2011), grounded in reflective learning and ethical responsibility (Douglas & Ojelabi, 2023, 2024). Field (2007, 2022) advances this discussion (aligning with Lang, 2019) by emphasising “ethical artistry,” in which mediators combine empathy and neutrality with critical attention to power and justice. Similarly, Douglas and Goodwin (2015) present artistry as a distinctive form of professional competence, where the true effectiveness of a mediator lies not in technical skill alone but in the creative and intuitive responsiveness to the dynamics of a dispute. Hardy (2010) further underscores the role of narrative and emotional competence, highlighting that artistry requires engaging with parties’ stories in ways that acknowledge emotion while fostering constructive reframing. At the same time, Condliffe and Holland (2025, in press) caution that reflective practice has limits, and that real-world, contextual experience is indispensable to developing artistry, a challenge recognised and reinforced in the AMDRAS standards.

Lang (2019) reinforces the idea that reflective practice is not optional, but core to conducting ethical and competent mediation. Lang makes the case that ethical judgement cannot be separated from reflective practice, and that reflection is the key to helping practitioners clarify what values guide them, and how they should act consistently with those values.

Taken together, this body of work positions artistry as a central dimension of mediation practice in Australia, conceptualised as the integration of technical skill, reflective judgment, ethical responsiveness, and creative adaptability.

Reflection-in-Action: Improvisation as Ethical Skill

The tenancy mediation scenario illustrates reflection-in-action vividly. When Jacob becomes increasingly distressed, the mediator must decide: allow him to continue, risking further escalation, or intervene, risking perceived bias. This decision is not made in abstract; it is made in real time, shaped by Jacob’s clenched fists, Sarah’s glazed expression, and the emotional temperature of the room.

Here, reflection-in-action operates like jazz improvisation. The mediator draws on tacit knowledge of communication, body language, and conflict dynamics. They may reframe Jacob’s narrative to bring clarity, pause to re-balance engagement, or shift into private session. Each choice is both action and reflection, and each choice brings new opportunities for feedback that shapes the next move.

This improvisational quality is what makes mediation both challenging and deeply human. As Schön suggested, reflection-in-action is like a conversation with the situation. For mediators, that conversation involves listening not only to words, but to silences, tones, and the subtle cues that indicate when power is tilting or emotions are destabilising the process.

Reflection-on-Action: Building Capacity Through Learning

Equally vital is reflection-on-action. After the mediation, the practitioner can revisit the dilemmas encountered. Did my intervention support or hinder fairness? Did I unconsciously align with one party? Should I have paused the mediation for advice?

Such reflection can occur individually through journaling, or collectively through supervision, peer consultation, or structured professional development. By analysing decisions and their impacts, mediators convert tacit impressions into explicit learning. Over time, this strengthens their capacity for artistry in future cases.

One innovative forum that supports this reflective process is the Conflict Management Academy’s Mediator’s Dilemma series, a monthly seminar inspired by Geoffrey Robertson’s Hypotheticals. Each session presents a fictional yet realistic mediation scenario filled with ethical quandaries, narrative twists, and moments of uncertainty. As the scenario unfolds, participants are invited to step into the mediator’s shoes at critical decision points, debating possible actions, exploring consequences, and engaging with the complexity of real-world dilemmas. The interactive format encourages practitioners to articulate their reasoning, challenge their own assumptions, and learn from the diverse perspectives of colleagues.

For mediators, the series offers a rare and valuable opportunity: a safe space to rehearse responses to high-stakes situations without the pressure of live practice. This collective reflection not only sharpens technical decision-making but also deepens professional artistry by fostering creative, context-sensitive approaches. In this way, the Mediator’s Dilemma Series complements traditional reflective practices (such as journaling and supervision) by embedding reflection-on-action within a dynamic, collaborative community of practice. It transforms abstract ethical challenges into lived, shared experiences, ensuring that mediators refine their judgment, resilience, and artistry for future cases.

Source: Mediator’s Dilemma Series 2025 – Conflict Management Academy

The Ethical Heart of Artistry

It is tempting to think of artistry as primarily about skill or style. But artistry in mediation is inseparable from ethics. Each improvisation is bounded by questions of neutrality, fairness, justice, and care.

For instance, consider the final stage of the tenancy case, where Jacob reluctantly agrees to an unfavourable settlement. Technically, party self-determination has been respected. Yet the mediator senses the outcome is more about resignation than genuine agreement. Here, artistry involves discerning how far to probe for informed consent without crossing into advocacy. It is not simply about what works procedurally, but what is ethically sound.

This intertwining of artistry and ethics reflects what Field and Crowe (2020) describe as a contemporary, relational approach to mediation ethics. The authors suggest that rather than relying solely on procedures or rules, effective mediation calls for ethical responsiveness to the unique circumstances of each dispute and the self-determination needs of the parties. Practitioners must combine procedural skill with self-awareness, empathy, and the courage to act in ways that safeguard fairness, even when situations are uncertain or ambiguous. In this view, a mediator’s ethical judgment is not an abstract ideal but a guiding force that shapes their real-time adaptability, allowing them to navigate complex dynamics with both integrity and artistry.

The Mediator as Reflective Artist

Mediators inhabit a professional landscape defined by complexity, ambiguity, and ethical tension. Reflective practice enables mediators to navigate dilemmas ethically, adapt strategically, and cultivate artistry.

The tenancy case illustrates the challenges vividly: power imbalance, vulnerability, unfair settlements, and emotional breakdowns. In such moments, there is no formulaic answer. Instead, the mediator must improvise by thinking and acting simultaneously, guided by reflective awareness.

Over time, these reflective engagements shape artistry. It is constant aim of achieving truly intuitive, responsive, and ethically grounded practice that distinguishes not just competent mediators, but exceptional ones. As the profession continues to evolve, it must guard against overemphasis on procedural compliance at the expense of reflective artistry. For it is in the “swampy lowlands” of practice and amid the human messiness, that the true value of mediation lies.

Reference List

Boulle, L. (2011) Mediation: Principles, Process, Practice. LexisNexis Butterworths.
Condliffe, P., & Holland, C. (2025, In Press). Conflict Management: a practical guide, 7^th Ed. LexisNexis Butterworths.
Douglas, K., & Akin Ojelabi, L. (2024). Civil dispute resolution in Australia: A content analysis of the teaching of ADR in the core legal curriculum. Adelaide Law Review, 45(2), 341–370.
Douglas, K., & Akin Ojelabi, L. (2023). Lawyers’ ethical and practice norms in mediation: Including emotion as part of the Australian guidelines for lawyers in mediation. Legal Ethics. Advance online publication. https://doi.org/10.1080/1460728x.2023.2238281
Douglas, K., & Goodwin, D. (2015). Artistry in mediator practice: Reflections from mediators. Australasian Dispute Resolution Journal, 26(3), 172–181.
Field, R. (2022). Australian dispute resolution. LexisNexis Butterworths.
Field, R., & Crowe, J. (2020). Mediation ethics: From theory to practice. Edward Elgar Publishing.
Field, R. (2007). A Mediation Profession in Australia: An Improved Framework for Mediation Ethics. Australasian Dispute Resolution Journal, 18(3), 178-185.
Lang, M. D. (2019). The guide to reflective practice in conflict resolution. Rowman & Littlefield.
Lang, M. D., & Taylor, A. (2000). The making of a mediator: Developing artistry in practice. Jossey-Bass.
Mediator Standards Board. (2025). Australian Mediator and Dispute Resolution Accreditation System (AMDRAS) standards. Mediator Standards Board. https://msb.org.au
Schön, D. A. (1983). The reflective practitioner: How professionals think in action. Basic Books.
Spencer, D. (2024). Principles of dispute resolution (4th ed.). Thomson Reuters.
Spencer, D., & Hardy, S. (2014). Dispute resolution in Australia: Cases, commentary and materials. Thomson Reuters.

A Fresh Perspective on Conflict Management: Upcoming 7th Edition of a Seminal Text

Posted on 23/01/2025 by Dr Claire Holland

The enduring relevance of Conflict Management: A Practical Guide lies in its comprehensive exploration of approaches, strategies, tactics, and techniques essential for adopting a constructive and positive approach to conflict. Originally published in 1991 as a foundational text for practitioners, educators, and scholars in the field of conflict resolution, the book has evolved alongside the dynamic field of Alternative Dispute Resolution (ADR) in Australia. Now, the text is set to enter its seventh edition, reaffirming its significance in the discipline.

Authors Expertise

Dr. Peter Condliffe, the book’s author, has a distinguished career in the field. Serving as a Director on the Mediator Standards Board since 2018 and its Chairperson from 2023 to 2024, Peter has played a pivotal role in the NMAS Review and the transition to AMDRAS in Australia. As a practicing barrister and mediator in Victoria, his career has included leadership roles in management, human rights, and ADR, such as CEO of the Institute of Arbitrators and Mediators Australia, Director of Dispute Resolution Centres in Queensland’s Department of Justice and Attorney-General, and engagements with the United Nations. Across its six editions, the book has maintained a multidisciplinary framework reflective of Peter’s extensive expertise.

The upcoming edition will introduce Dr. Claire Holland as co-author. Claire is a practicing mediator, conflict coach, workplace facilitator, and trainer who brings a wealth of academic and practical knowledge to the text. Having used the book extensively in her teaching career, she will incorporate fresh perspectives and insights. Notably, Claire will introduce two new frameworks:

Conflict Analysis Framework: Co-developed with Dr. Judith Herrmann-Rafferty, this tool supports parties in conflict—and the professionals assisting them—to understand the dynamics of a conflict and make informed decisions about next steps.
Planned Approach to Conflict Engagement: Also co-developed by Herrmann-Rafferty and Holland, this framework provides advanced strategies for managing ongoing conflict. It integrates insights and approaches from neuroscience on emotional regulation, fostering cultural awareness, and emphasises sustainable methods for addressing ongoing conflict.

Call for Feedback

Condliffe and Holland are seeking input from practitioners, researchers, and readers to shape the new edition. Feedback on areas to retain, adapt, or expand is particularly welcome. As a text designed for both practical application and academic instruction, the authors are keen to ensure the content remains relevant to its diverse audience, from university courses to professional development settings.

Key Updates in the 7th Edition

The new edition, retitled Conflict Management and Resolution: Theory and Practice, reflects an evolving understanding of conflict. It acknowledges that resolution is not always achievable or desirable and incorporates broader perspectives on conflict engagement. Planned updates include:

Reflections on the new AMDRAS regulatory standards in Australia.
Expanded coverage of specialties, such as mediation, restorative justice, First Nations processes, complaints management, and group facilitation.
Updates on negotiation concepts and processes, incorporating recent scholarship.
Insights into online and AI-assisted dispute resolution.
Expanded references to feminist theory and contemporary ADR approaches, including dispute system design.
A comprehensive update to the history of ADR in Australia.

Proposed Topics for the New Edition

The seventh edition will include chapters on:

Navigating Conflict
Responding to Conflict
Managing Difficult Conversations
History of Dispute Resolution in Australia
Collaborative Practice
Contemporary Approaches to Conflict Management and Resolution
Negotiation
Mediation
Group Facilitation
Key Practitioner Skills in Conflict Management and Resolution
Managing Ongoing Conflict
Dispute System Design

Engage with the Authors

Practitioners and academics are encouraged to contribute by sharing research, case studies, or ideas that could enhance the upcoming edition. Your insights will help ensure that Conflict Management and Resolution: Theory and Practice continues to be an indispensable resource for anyone engaging with conflict management in theory or practice.

Stay tuned for the release of this significant update in late 2025—a resource designed to reflect the latest developments in conflict resolution and equip readers with the tools they need to navigate the complexities of modern conflicts.

Please feel free to contact or write to either of the authors:
Dr Peter Condliffe: pc@vicbar.com.au
Dr Claire Holland: claire.holland@jcu.edu.au

Ongoing Research Required for Strategies to Engage with Conspiracy Theory Believers

Posted on 18/08/2024 by Dr Claire Holland

Claire Holland and Pascale Taplin

Conspiracy theories and disinformation impact upon legal practice, and have the potential to cause conflict between parties who have different views on legal rights and personal interests. The term “disinformation” is appropriate to describe conspiracy theories because the actors who amplify conspiracy theories often deploy false information strategically, and with an intent to disrupt legal proceedings or conflict resolution processes. This blog will highlight insights into the nature and impact of Sovereign Citizen narratives and the importance of research informed approaches for legal and conflict resolution practitioners to engage with individuals holding such narratives.

The Sovereign Citizen Superconspiracy

The Sovereign Citizen conspiracy theory holds that government and legal institutions are illegitimate, and that an individual can declare themself sovereign (Berger, 2016). Conspiracy theories are often adopted and adapted, or ‘localised’ for best fit. In defining Sovereign Citizen conspiracy beliefs Taplin, Holland & Billing (2023) suggest the term ‘superconspiracy’ is helpful as a term that describes how several conspiracies or beliefs can be interrelated into a metanarrative. When individuals share or repeat certain conspiracy theory beliefs, those beliefs can form an individualised narrative that may be adopted into an individual’s identity (Taplin & Holland, 2023). In a recent article published in The Journal of Information Warfare, Taplin and Holland (2023) suggest that,

In order to be considered in research, Sovereign Citizen rhetoric must be defined and distinguished as a discrete social phenomenon. Definitional clarity in relation to “Sovereign Citizens” as a group of people is difficult or impossible to achieve because many people influenced by Sovereign Citizen rhetoric do not subscribe to a consistent set of related beliefs (Vargen & Challacombe 2023). Nor do they always self-identify as holding something in common with others influenced by the same rhetoric. Because they do not constitute a definable group, Sovereign Citizen rhetoric (rather than Sovereign Citizens) is used here. ‘Rhetoric’ is preferred to other commonly used terms such as ‘movement’ or ideology because the disinformation amplified in Sovereign Citizen rhetoric is designed to make an argument— specifically, to delegitimise government and laws.

The question of when and how to counter the influence of Sovereign Citizen narratives is a vexed issue in Australia, where the right to freedom of expression and the right to protest are valued elements of the democratic system. Taplin and Holland (2023) suggest that this right to freedom of expression can be leveraged by individuals or groups and is often used to justify the amplification of Sovereign Citizen disinformation that is spread between individuals and groups (Campion, Ferrill & Milligan, 2021). Research that will assist policy makers, legal and conflict resolution practitioners, and security agencies in articulating the harms caused by Sovereign Citizen rhetoric and to inform the design of effective and strategic policy responses is therefore extremely important.

Sovereign Citizen rhetoric in Australia can be traced to well-documented Sovereign Citizen narratives in the United States (Taplin, Holland & Billing 2023). In the United States, Sovereign Citizen rhetoric emerged from problematic Christian Identity, Patriot, and anti-tax movements and gained momentum in the 1970s (Hodge 2019).

Taplin, Holland & Billings (2023) suggest that Sovereign Citizen rhetoric is diverse, but identifiable by key themes and tropes, including;

that government, laws, and institutions of national and global governance are illegitimate;
that government and courts are in fact controlled by a group of conspirators who are hostile to the interests and freedom of all other people;
that these conspirators take action to trick people into relinquishing their freedom by coercing them to comply with illegitimate laws or regulations; and,
that a person can escape this control by doing or saying certain things, including acting illegally.

Risks of the spread of Sovereign Citizen rhetoric

Sovereign Citizen rhetoric has the potential to be weaponised because it triggers an audience based on identity and then narrates an imminent threat to that identity. Sovereign Citizen rhetoric targets Western audiences’ narratives of hyper-individualised personal identity. Central to Sovereign Citizen rhetoric is the primacy of individual freedom as a basic right. Individual freedom is seen as a supreme right. For this reason, people influenced by Sovereign Citizen rhetoric may hold beliefs surrounding a ‘personalised sovereignty’. From the perspective of a Sovereign Citizen, the regulation of his or her behavior by laws of the State (for example, a requirement to pay taxes), constitutes a crime against him or her personally (Taplin and Holland, 2023). In this way Sovereign Citizen rhetoric manipulates meaning-making narratives by conflating, problematising, and manipulating concepts of personal autonomy, sovereignty, and justice. In this newly narrated reality, the threat becomes any regulation or control, by laws or government, that represses “personal sovereignty”.

The risk to vulnerable audiences is that Sovereign Citizen narratives, which may be spread through social media and popular platforms of information sharing within target audiences, can create problematic ingroup and outgroup divides (Taplin, 2023). Sovereign Citizen rhetoric has the potential to influence individual behaviour by manipulating meaning-making and suggesting law abiding citizens have an uniformed view of the world and legal actions of the State are personal affronts to individual freedom.

What is the best way to engage with individuals who believe in conspiracy theories?

Further research is required for how best to engage with Sovereign Citizen rhetoric, with particular attention paid to the safety of all participants in the conversation and with an understanding of the enduring nature of conflicts to an individual’s core identity. Research has been conducted into the best ways to rebut science denialism (Rutjens & Veckalov, 2022; Schmid & Betsch, 2019). Testing conversational approaches and communication responses to other conspiracy theory contexts is an important future focus. There is increasing attention in the media of interactions between self-declared Sovereign Citizens and members of the Australian Police Force. Subsequent legal proceedings and interactions between Sovereign Citizens and the court system has highlighted numerous challenges in how Sovereign Citizens interact with the court and accept (or not) legal outcomes (see for example State of New South Wales v Kiskonen (Preliminary) [2021] NSWSC 915).

Grant Lester (2005), Consultant Psychiatrist at the Victorian Institute of Forensic Mental Health, described the pathology of vexatious litigants and suggested guidelines for judicial officers to manage difficult complainants (summarised and further discussed in a paper deliver to the Queensland Magistrates’ State Conference in 2022 by Judge Glen Cash), which could be applied to Sovereign Citizens:

‘First do no harm.’ The aim should be containment of the issues. This would entail not trying to change a Sovereign Citizen’s mind about ‘the system’ (including about the injustice of the legal system), but minimizing harm to proceedings by redirecting focus to the matter at hand.
Be prepared Sovereign Citizen litigants are typically volatile, feel victimised, and seek vindication. Be prepared by providing information about Sovereign Citizen narratives and typical modus operandi.
Adherence to rules and procedures will assist in the aim of containment.
Ensure formality. This might differ in practitioner’s preferences for running conflict resolution processes.
Be fair. Litigants may appear hyper-competent, but they are in truth overwhelmed by the court process. Cash J’s point reminds us to maintain empathy and patience in explaining process and procedure. This becomes particularly important when confronted with uncomfortable worldmaking narratives that position the practitioner as either villainous or a victim. Maintaining focus on the matter at hand is imperative
Maintain focus. Keep the discussion on track.
Silence is golden. Silence can be the best and only way to allow a person to speak their piece in a process before moving onto a more relevant topic. This approach has benefits but also risks. At times allowing a person to speak in full also provides other attendees a better opportunity to assess the broader narrative and all its implications. But silence also may have costs and risks, where a Sovereign Citizen confuses other participants (particularly where they appear “hyper-competent”). Determining when and how to best to use silence can only be made in-situ, and judgement of appropriate interventions improves with practice. Responding professionally and adhering to established procedures assists in building trust in process, organizations, and staff.
Set boundaries and time limits. As practitioners we cannot always “control the limits” as suggested by Cash, but we can set parameters while facilitating processes and discussions. When discussion gets off-track we can confidently ask process participants to remain focused on the matter at hand.
Keep a thick skin and do not personalise the encounter. This one may be difficult in some circumstances – in one case in Canada a Sovereign Citizen threatened to behead the Judge in accordance with her understanding of the law under the MAGNA-CARTA! Cash’s advice not to allow an encounter to become personalized is key. Personalizing accusations of villainy is a common ‘tactic’ of Sovereign Citizens, who may accuse practitioners of all manner of terrible things. Conflict resolution and legal practitioners deserve a safe workplace, and there is no argument for normalization or acceptance of abusive behaviour. That said, improving one’s understanding of the Sovereign Citizen worldmaking narrative allows practitioners to understand the context of this behaviour, and might inform a sophisticated response that avoids further personalisation.

These suggestions could be further tested into frameworks for officers of the State and individuals who will potentially engage with Sovereign Citizens. Engagement with Sovereign Citizen rhetoric calls for education on citizen responsibilities and understanding that you cannot ‘opt out’ of the legal system in which you exist. However, the problematic views of many self-identified Sovereign Citizens that has led some to engage in behaviour that undermines the democratic and legal foundations of our country are clearly a rising concern. This is a topical area ripe for further research.

Are frameworks useful to help understand complex conflict contexts?

Posted on 12/07/2024 by Dr Claire Holland

This post is republished with permission from the Conflict Management Academy.

Claire Holland and Judith Rafferty, conflict management specialists, academics, researchers and trainers with the Conflict Management Academy (CMA), say YES! According to Judith and Claire, frameworks are a useful way to break down and look at complicated conflict situations in a way that can bring greater awareness, understanding, and clarity to the situation. It’s not suggested that frameworks simplify the conflict, but that they are useful to make the conflict appear more manageable.

Practically, a framework can help to better understand a complex conflict by allowing the user to view the conflict through different lenses. Frameworks can also suggest multiple ways of thinking about the issues at hand, help the user to develop a more detailed and holistic picture of the conflict, and then consider multiple opportunities to work with the conflict. Claire and Judith suggest that using frameworks in conflict management contexts have multiple benefits, including:

Assisting conflict management specialists, like mediators, conflict management coaches, and HR professionals, to work with clients to gather necessary information about the conflict and its context, and decide on next steps.
Supporting clients to take a step back or ‘go to the balcony’ and perhaps not react out of habit and prior learned behaviour, but to suspend judgement on the situation until a more holistic analysis of the situation has been conducted.
Thinking about future options that might be quite different from a conflict parties’ initial reaction to the situation once the conflict has been considered through different lenses.
Focusing on long term strategies to manage the conflict by considering how the conflict may play out overtime. Looking at a conflict through an analytical lens and framework helps the user to determine if the issues in the conflict are suited to resolution or require alternative approaches to manage the conflict.

Conflict Analysis Framework

Drawing on years of teaching, research, and conflict management practice, Judith and Claire, have developed a framework to support conflict management specialists and conflict parties better understand ‘what is going on’ in a conflict situation. Drawing on multidisciplinary scholarship, including conflict studies, psychology, management, history, political science, etc. the Conflict Analysis Framework guides users through a step-by-step process to compartmentalise a complex conflict into more manageable segments for analysis.

Spencer, Barry, and Ojelabi in their text Dispute Resolution in Australia provide only a short commentary on conflict analysis. While they note that it’s not easy to analyse complex conflicts, they suggest that conflict specialists would ideally have knowledge of multiple analytical tools and models to help them collect information about the conflict, understand the conflict dynamics and to support the conflict parties to constructively manage or resolve the conflict. Condliffe, in his text Conflict Management: A practical guide, leads the reader through a process of ‘understanding conflict’ and presents several considerations in ‘responding to conflict’. Condliffe outlines several models of conflict but does not provide a clear overarching framework for analysis.

Several scholars and practitioners have introduced frameworks or tools to support conflict analysis. For example, Furlong, in his book The Conflict Resolution Toolbox, introduces 8 different models that help analyse and intervene in conflict, all considering different aspects of the conflict. This resource is particularly useful for interpersonal, less complex conflict situations. Bright’s Conflict Mapping Chart, lists specific elements for consideration in a conflict analysis process, aimed at analysing complex conflicts. Referring to Wehr’s Conflict Mapping Guide and Sandole’s Three Pillar Approach, Bright’s mapping chart describes five key steps to consider for analysis, informing a sixth step of conflict intervention. Judith and Claire have previously used this Chart in their teaching, as well as to develop engaging resources to be used for teaching conflict analysis.

Drawing on the work of colleagues and contemporary scholars, Claire and Judith have developed an 8-step framework for conflict analysis that will be introduced in their webinar Beyond Resolution: A planned approach to conflict engagement, available to view on demand on the CMA website.

Planned Approach to Conflict Engagement

Many conflicts have resolvable elements, but may also have ongoing aspects. For example, a divorcing couple may be able to negotiate and decide on selling the family home. However, decisions about their children’s future education, extracurricular activities, health, nutrition, etc., can’t really be negotiated as a one off, but will need to be managed for as long as both parents are involved in their children’s upbringing. So in the conflict analysis process that we described above, it is important to recognise the different aspects of a conflict, e.g. as resolvable or ongoing elements, and address them appropriately. Judith and Claire have developed a framework to support parties consider their options for “conflict engagement” as an alternative approach to dealing with conflict when elements of the conflict may be ongoing, and where resolution is not possible, or may be ill-advised.

The Planned Approach to Conflict Engagement, or PACE for short, draws on multidisciplinary scholarship, such as Bernard Mayer’s book Staying with Conflict: A strategic approach to ongoing conflict, Sam Hardy’s book Conflict Coaching Fundamentals: Working with conflict stories, as well as contemporary literature on neuroscience, psychology and emotions, including Judith’s recently published open access educational resources. PACE has also been informed by Judith’s and Claire’s own research and practice as conflict management specialists, including in Australia and in culturally diverse settings like the Central African Republic, Rwanda, the Philippines and refugee camps on the Thailand-Myanmar border. They have published a blog post and a journal article about their work as mediation specialists in some of these settings, discussing the adaptation of mediation models to different cultural settings.

Claire and Judith suggest that the development of a constructive and sustainable conflict engagement plan is ideally based on an exploration of several key areas, which they describe in detail in PACE. With the assistance of a suite of prompt questions and models for categorization for each of these key areas, the PACE framework assists conflict parties in deepening and expanding their understanding of the conflict itself as well as their options to engage constructively in the conflict over time. Some key recommendations for a sustainable approach to engagement in ongoing conflict include that parties:

Have understood the ongoing nature of at least some aspects of their conflict, and
Develop a plan to manage their emotions, energy, and access to resources and support long-term. This point is important so that parties don’t burn out and can continue to stay productive and engaged in the conflict over time.

In the webinar Beyond Resolution: A planned approach to conflict engagement, available to view on demand on the CMA website, Judith and Claire are introducing their PACE framework in addition to the Conflict Analysis Framework. They will also offer training on the Planned Approach to Conflict Engagement (PACE) Framework on the CMA platform.

Sovereign Citizens, Violence, and Native Title

Posted on 15/12/2022 by Dr Claire Holland

Pascale Taplin and Claire Holland

Pascale Taplin is an anthropologist with over twenty years’ experience in community-led development projects and native title research in the Northern Territory and North Queensland. Pascale’s current research interests include disinformation and Australian conspiracist communities.

Claire is a Senior Lecturer and Director of the Conflict Management and Resolution Program at James Cook University. She is a practicing mediator, conflict coach, workplace facilitator, and conflict management trainer. Her research interests include mediation and conflict resolution processes, interfaith dialogue, coaching and capacity building.

Photo by Markus Winkler on Unsplash

Recent media around the tragic shooting of two police officers and a civilian in Wieambilla South-West Queensland suggests that the perpetrators subscribed to anti-State Conspiracy theories (sometimes called “Sovereign Citizen” beliefs). Scholarship on the Sovereign Citizen narrative in America clearly demonstrates that these narratives cause social harm and can lead to violence. For example, Sarteschi (2021) in a narrative review with implications of violence towards law enforcement plots 74 instances of violence, many fatal, perpetrated by Sovereign Citizens against American law enforcement officers between 1983 and 2020.

In relation to the tragic events in Wieambilla, Joanne Grey, a scholar with the University of Sydney, is reported as saying that research suggests that people who have a distrust of institutions and are looking for someone to blame, may be more vulnerable to conspiracy theories (Baker, 2023). Elements of conspiracy theories are often adopted into the narratives of individuals who feel persecuted or harmed by governments or legal systems, as they may provide ‘victimhood narratives’ to explain perceived persecution or harm. This blog will highlight a current example of conspiracy narratives in the native title sector. With increasing numbers of people being drawn into anti-State and Sovereign Citizen conspiracy beliefs, it is critical that there is increased investment into understanding the societal drivers of these narratives.

Conspiracy Narratives and Native Title

Anecdotal evidence from native title practitioners suggests that Sovereign Citizen narratives are becoming increasingly common in the native title sector. Anti-State and conspiracist thinking disrupts the progress of native title claims by casting native title practitioners as agents of an evil, illegitimate corporation posing as government, thus introducing additional conflict, fear, and distrust to native title consultative processes. A forthcoming short reflection paper in press with the Dispute Resolution Review will explore what may drive claimants to bring conspiratorial beliefs to native title discussions, and the responses of practitioners and agencies of the State to such beliefs.

My friend is a dignified old fellow in his 80s, with carefully considered and warm old-fashioned manners. He grew up on a mission in North Australia, where he suffered abuse as a child. He speaks of the mission as a local arm of a far-reaching “Government” or “State” and the forced removal of First Nations people as calculated to enable the theft of their countries. After the National Apology, he formed a view that the government had found compassion for First Nations people and wrote a letter to the Queensland Premier describing the state sanctioned abuse he had survived. The Premier did not reply, or acknowledge receipt of, his letter.

Now my friend holds to a different set of beliefs. He says he is not an Australian citizen – which explains the lack of response from the Premier. My friend believes he is a “Sovereign Citizen” or a “SovCit”, under no obligation to observe Australian Law. He believes all government funded employees – including me – work for an illegitimate corporation which has run out the real Australian Government and is now intentionally conning him and all Australians for profit. In his view, he has discovered “the Truth”.[1]

The Sovereign Citizen (SovCit) movement, has been described by the Anti-Defamation League (2012) as among “…the most problematic domestic extremist movements in the United States”, and which counts among its founders white supremacists and violent extremists. SovCits thinking originated in the US, but is now transnational, having provided some impetus for the Australian “Freedom Rally” or “Canberra convoy” to Old Parliament House in February (Roose, 2022).

Any relationship to the longstanding Indigenous sovereignty movement in Australia is very recent, and in our view is not benign. Jack Latimore (2022) in an article in the Age says that alt-right SovCit actors co-opt Indigenous agendas, and have attempted a calculated “hostile takeover” at the Tent Embassy. Latimore calls the deliberate use of emotive political phrasing to capture Indigenous audiences “Blackfishing”.

In the reflection paper “Contextualizing belief in conspiracy theories: A case study in Native Title” Taplin will argue, that rather than acknowledging First Nations’ sovereignty and on that basis entering into inclusive dialogue about recognition, native title keeps structural power, including the power to judge certain types of cultural legitimacy in the hands of ‘experts’ in positions of authority. In this way, the native title claim process arguably perpetuates historical policies of State coercion and control. This birds-eye view exposes the structural issues that lead to disillusionment, and thus may make people vulnerable to conspiracist thinking. Taking a close-up view, Taplin speculates that the uptake of belief in conspiracy theories may be in part, a function of individual responses to those structural issues. She further argues that in the land rights / native title space, seeded from epistemic mistrust, belief in conspiracy theories fills the gap between the intention and the reality of the land rights movement in Australia.

Some of the native title practitioners Taplin has worked with trivialize claimant-come ‘bush lawyers’ who expound Sovereign Citizen narratives. Some give these people short shrift as a lost cause, at the same time disregarding the legitimate complaints that may well seed the issue. This is not a helpful response, and further alienates practitioners from clients. This only increases the risk of social harm. There are systemic drivers lending momentum to the uptake of conspiracy theories.

Conspiracy Narratives and Violence

In an analysis of the relationship between belief in conspiracy theories and violent extremism, Basit (2021) observes that both conspiracy communities and violent extremist groups narrate “… an ‘us versus them’ world view where a sharp in-group and out-group distinction, punctuated by distrust and polarization, exists”, and further that “conspiracy theories are linked to threat perception, prejudices and negative attitudes about powerful outgroups.” Unfortunately, the recent police and citizen killings in South-West Queensland demonstrate the potential for violent action to stem from Sovereign Citizen narratives in Australia. Until now, Australia had been relatively unaffected by radicalized, violent Sovereign Citizens. The question moving forward is how do Native Title practitioners, and other stakeholders, engage with Sovereign Citizen beliefs.

Learning how to manage, negotiate and/or navigate through multiple worldviews is increasingly going to be an essential skill for police and practitioners working across fraught legal, cultural, and historical contexts. Further research is required for a deeper understanding of the phenomena of Sovereign Citizen conspiracy beliefs in Australia. A practice note is forthcoming: Taplin, P (2023, in press) Contextualizing belief in conspiracy theories: A case study in Native Title, Dispute Resolution Review, (2), p 1-11, and a research project on contemporary issues in dealing with Sovereign Citizen narratives and conspiracy theories in Native Title anthropology is currently underway.

For engagement with the authors, please email pascale.taplin@outlook.com

[1] Extract from upcoming publication, Taplin, P (2023, in press) Contextualizing belief in conspiracy theories: A case study in Native Title, Dispute Resolution Review, (2), p 1-11.

REFERENCES

The lawless ones: The resurgence of the sovereign citizen movement. (2012). Anti-Defamation League ADL100 Special Report. (2nd ed.) https://www.adl.org/sites/default/files/documents/assets/pdf/combating-hate/Lawless-Ones-2012-Edition-WEB-final.pdf

Barker, J. (2023, December 13). As a principal, he was feted for his success. Now he’s linked to two police killings. Sydney Morning Herald. https://www.smh.com.au/national/queensland/as-a-principal-he-was-feted-for-his-success-now-he-s-linked-to-two-police-killings-20221213-p5c601.html

Basit, A. (2021). Conspiracy Theories and Violent Extremism. Counter Terrorist Trends and Analyses, 13(3), pp.1-9.

Latimore, J. (2022, January 8). ‘Blackfishing’: Alt-right pushes to co-opt Aboriginal Tent Embassy to cause. Sydney Morning Herald. https://www.smh.com.au/national/blackfishing-alt-right-pushes-to-co-opt-aboriginal-tent-embassy-to-cause-20220105-p59lzj.html

Roose, J. (2022, February 15). How ‘freedom rally’ protesters and populist right-wing politics may play a role in the federal election. The Conversation https://theconversation.com/how-freedom-rally-protesters-and-populist-right-wing-politics-may-play-a-role-in-the-federal-election-176533

Sarteschi, C.M. (2021) Sovereign Citizens: A narrative review with implications of violence towards law enforcement. Aggression and Violent Behavior (60)https://doi.org/10.1016/j.avb.2020.101509

Contemporary Conflict Mapping

Posted on 30/09/2020 by Dr Claire Holland

Contemporary Conflict Mapping

Claire Holland* and Rikki Mawad**

* Claire Holland is the Director of the James Cook University (JCU) Conflict Management and Resolution Program. She is a senior lecturer and researcher in Alternative Dispute Resolution (ADR) and conflict resolution processes.

** Rikki Mawad is a Conflict Management and Communications Consultant, and a lecturer in the JCU Conflict Management and Resolution Program.

This blog post discusses new perspectives on conflict analysis and conflict mapping. The authors invite commentary around a more contemporary conflict mapping matrix that integrates modern perspectives and practices.

Why Map Conflict?

At its most basic level, Gary Furlong, author of The Conflict Resolution Toolbox: Models & Maps for Analyzing, Diagnosing, and Resolving Conflict, states managing conflict effectively is a two-step process:

Assessing conflict
Deciding what action (or inaction) to take to address it.^[1]

Assessing conflict, also known as conflict analysis or “conflict mapping,” is a process of reviewing a conflict context through a third party/neutral lens by following a logical, structured review process. The mapping acts as a guide for the intervening party to design a process that meets the parties’ substantive, procedural and psychological needs.^[2] The overarching aim of conflict mapping is to increase comprehension and clarity of the situation and facilitate appropriate and well-considered conflict management or conflict resolution strategies.

When there is lack of clarity or poor understanding of the conflict and time pressures to make decisions, people and systems tend to react to conflict rather than respond. This has the effect of escalating conflict rather than moving towards resolution or positive change. Due to time pressures, lack of resources, and lack of access to support systems, for many individuals and organisations there is limited scope for reflection on the underlying causes of the conflict. Adequate consideration of underlying conflict causes can inform choices on how to respond to a person or situation, and the likely impact of those choices on future interactions or occurrences. Mapping a conflict prior to an intervention is a key step in setting the intervention up to succeed. Conflict mapping and making considered choices may end up saving individuals and organisations time, money and energy by identifying the best forum and appropriate practitioner or intervention team at the outset.

Existing Approaches and Perspectives on Conflict Mapping

Models of conflict mapping, such as Shay Bright (PhD) The Conflict Mapping Chart, list specific elements for consideration. Bright, drawing on the Wehr Conflict Mapping Guide^[3] and Sandole’s Three Pillar Approach,^[4] leads the reviewer through the six key pillars of a conflict framework, which includes identifying and analysing:

Conflict parties;
Conflict history;
Conflict context;
Party orientation;
Conflict dynamics; and,
Conflict intervention.^[5]

Under each heading, it is possible to include additional models and maps for analysing, diagnosing and intervening in conflict. Furlong highlights eight models for analysing conflict: 1) The circle of conflict; 2) The triangle of satisfaction; 3) The boundary model; 4) The interests/rights/power model; 5) The dynamics of trust; 6) The dimensions model; 7) The social styles model; and 8) Moving beyond conflict.^[6] These conflict analysis models are often also considered in light of overarching conflict theories such as negotiation theory, mediation and practice frameworks, human needs, conflict transformation, theories of change, and peacebuilding.

The mapping process involves considering theory, research, and understanding of conflict to provide greater clarity about the conflict situation, understanding of the needs, interests, goals, and resources of different parties to the conflict, and awareness of options for interventions to move towards resolution or engage in effective ongoing conflict management. As Daniel Druckman states in his seminal text Doing Research: Methods of Inquiry for Conflict Analysis, there are aspects of both art and science in the field of conflict analysis and resolution.^[7] While maps, charts and tools can be scientifically followed, the ‘art’ of interpreting and applying information is a learned skill. A contemporary conflict matrix that expands Bright’s model with a seventh and eighth pillar aims to increase the factors for consideration in conflict analysis, allowing greater opportunity to identify and design appropriate intervention strategies that accommodate the realities of the parties and structures in which the conflict exists.

Building on Bright’s Framework: Pillars 7 and 8

Pillar 7: Multidisciplinary Knowledge

The authors suggest that there is merit to adding a seventh pillar in Shay Bright’s Chart, Multidisciplinary knowledge, which is to bring in elements of neuroscience, emotional intelligence and trauma-informed approaches to managing conflict at an intrapersonal level through to a transnational level. What is currently lacking is a clear and structured conflict analysis chart that includes consideration of party’s psychologies, worldview formation, self-analysis, and additional models analysing cultural considerations and emotional states – particularly for enduring conflict that involves ongoing uncertainty for parties. Many established conflict theories use a rational mind approach that focuses on individualistic and neoliberal response to conflict. The majority of well-known and cited authors in the conflict management and resolution field are US based researchers who, while having worked globally, often bring an Anglo Christian, male perspective to conflict mapping and interventions. An unintended effect from potential unconscious bias, is that key elements of a conflict that relate to elements such as gender, race, religion, and sexuality may not be properly considered in both the mapping or intervention. Clear articulation in mapping tools for greater cultural and emotional intelligence in conflict analysis and intervention design are important for a more holistic analysis. If outcomes such as true party self-determination are important, then consideration of resolution options that are co-designed with the parties to that conflict, culturally appropriate, and representative of the party’s actual needs, interests and priorities, will arguably be more sustainable.

Bringing in the work of practitioners, researchers and emerging thinkers such as Daniel Kahneman[8], Daniel Goleman,[9] Van der Kolk[10] and Brene Brown[11] for example (and to name only a few), gives the conflict practitioner a new lens and additional pillar to mapping the conflict, designing and delivering the best fit intervention. One example of including multidisciplinary knowledge in the conflict mapping process, would be to consider Dr Brene Brown’s grounded theory social research into courage, vulnerability, shame and empathy as a lens to help both people in conflict and third parties assisting with conflict to grow the options for resolution. Brene’s recent work in Dare to Lead for example, is a key asset to conflict managers.[12] Brown talks about harnessing the power of empathy to understand ourselves and others as a way to change perspective and open space for difficult conversations. Brown’s work around rumbling, leaning into hard conversations, and BRAVING are incredibly complimentary for conflict management practitioners and in helping anyone understanding, navigate and more productively work with conflict.

As a way to add to hallmark features of conflict management processes, the BRAVING inventory modernises the conflict theory principles of non-judgment and choice theory and provides a framework for growing connection through empathy and understanding which generates options for transformation and resolution of conflict at various levels and across contexts.

Pillar 8: The Practitioner and the Process

The authors also suggest an eighth pillar to the Shay Bright Conflict Map, The Practitioner and the Process, that looks at the macro and micro skills required of a practitioner for an effective intervention. Along the lines of fitting the ‘forum to the fuss’, it is important to consider fitting the ‘practitioner to the process’. Depending on the outcome of the conflict analysis, there may be a good reason to require certain practitioner characteristics, knowledge or skills. In order to best serve the parties and support a conflict management or resolution process that considers and adapts to the parties needs, interests and priorities, there may be evidence-based and/or practice informed reasons for seeking practitioners who have certain characteristics (for example age, gender, race, or religion) or knowledge and skills (for example, contextual understanding, cultural competency, emotional intelligence, trauma informed practice, working with vulnerability and shame).

Without a high level of emotional and cultural intelligence, the conflict management practitioner designing and delivering an intervention could hinder options for resolution or transformation of the conflict. Practitioner micro skills may also play an important role in establishing psychological safety and meeting party’s needs.

Developing self-awareness and skills building are essential parts of education and professional development for conflict resolution practitioners. Self-awareness is an element of emotional intelligence, as defined by Daniel Goleman. Emotional Intelligence can be referred to as EI or EQ. For the purposes of this blog we will use the term EQ. At its most basic definition, EQ is the ability to understand and manage your own emotions, and recognise and manage the emotions of other people around you. Daniel Goleman first wrote about EQ, and introduced an EQ framework of four generic domains: self-awareness; self-management; social awareness; and relationship management.^[13] The five dimensions of emotional intelligence Goleman suggests are self-awareness; self-regulation; motivation; empathy and social skills. The importance of EQ and using EQ in leadership and communication has been increasingly researched and discussed by academics and practitioners over the past 30 years. It is recognised that EQ can be trained,^[14] higher EQ positively impacts academic grades and performance^[15] and influences conflict styles.^[16]

Applying an EQ lens across the conflict map can increase both party, self, issue and other awareness as well as ensure that an intervening party is positioned to de-escalate and effectively ‘climate control’ the process. The less we understand ourselves and our own emotions, the less likely we are to recognise and understand other people’s and the entire conflict situation. This leads to challenges with empathy, general social skills and can also create and escalate conflict.

A lack of EQ in parties and practitioners can lead to conflict escalation rather than regulation and resolution. Without self-regulation, we cannot control or redirect our thoughts, feelings and actions and therefore are trapped in a cycle of reacting rather than responding. The inability to self-regulate then inhibits our levels of motivation, resilience and achievement and our relationships with others, and could also thwart the sustainability of a negotiated outcome. Once a practitioner understands themselves, their emotions, and their motivations they can work on developing skills to assist others in self-regulation, social skills, communication and emotional management. A growth mindset, recognising that talents and skills can be developed overtime and through hard work, is an important frame of mind.^[17] Applying a level of self-assessment on behalf of the conflict practitioner to the conflict at hand, recognition of what the situation may call for based on the conflict map, and recognition of one’s ability and skillset, can help determine who might be the best person to intervene in a certain situation.

In conclusion, there are new opportunities to apply the work of emerging scholars and practitioners from different disciplines into our understanding of conflict. It is important that practitioners remain up to date with new understandings, emerging research, and ideas that can inform the field of conflict management and resolution.

References

[1] Furlong, G. (2005). The Conflict Resolution Toolbox: Models & Maps for Analyzing, Diagnosing, and Resolving Conflict. Canada: John Wiley & Sons, p 2.

[2] Described by the triangle of satisfaction in Moore, C. (2003). The Mediation Process, Third Edition, San Francisco: Jossey-Bass.

[3]Willmot, W.W., and J.L. Hocker. 2001. Interpersonal Conflict. New York: McGrawHill.

[4] Sandole, D. J. (1998). A comprehensive mapping of conflict and conflict resolution: A three pillar approach. Peace and Conflict Studies, 5(2), 4.

[5] Bright, S. (2001). The Conflict Mapping Chart. Retrieved September 1, 2020. Available at https://www.in-mediation.eu/wp-content/uploads/file/ConflictMapping.pdf

[6] Furlong, G. (2005). The Conflict Resolution Toolbox: Models & Maps for Analyzing, Diagnosing, and Resolving Conflict. Canada: John Wiley & Sons.

[7] Druckman, D. (2005). Doing research: Methods of inquiry for conflict analysis. Sage Publications, p 3.

[8] Kahneman, D. (2011). Thinking, fast and slow. Macmillan.

[9] Daniel Goleman is a Psychologist, Author and visiting scholar at Harvard University see further http://www.danielgoleman.info/

[10] Van der Kolk, B. A. (2015). The body keeps the score: Brain, mind, and body in the healing of trauma. Penguin Books.

[11] Dr Brene Brown is an Author and Researcher at the University of Houston, see further https://brenebrown.com/

[12] Brown, B. (2018). Dare to Lead: Brave Work. Tough Conversations. Whole Hearts. Penguin, Random House (UK)

[13] Goleman, D. (2011). The brain and emotional intelligence.

[14] Mattingly, V., & Kraiger, K. (2019). Can emotional intelligence be trained? A meta-analytical investigation. Human Resource Management Review, 29(2), 140-155.

[15] MacCann, C., Jiang, Y., Brown, L. E., Double, K. S., Bucich, M., & Minbashian, A. (2020). Emotional intelligence predicts academic performance: A meta-analysis. Psychological Bulletin, 146(2), 150.

[16] Gunkel, M., Schlaegel, C., & Taras, V. (2016). Cultural values, emotional intelligence, and conflict handling styles: A global study. Journal of World Business, 51(4), 568-585; Chen, H. X., Xu, X., & Phillips, P. (2019). Emotional intelligence and conflict management styles. International Journal of Organizational Analysis; de Villiers, J., Marnewick, A., & Marnewick, C. (2019, June). Using emotional intelligence during conflict resolution in projects. In 2019 IEEE Technology & Engineering Management Conference (TEMSCON) (pp. 1-6). IEEE; Rahim, M. A., Psenicka, C., Polychroniou, P., & Zhao, J. H. (2002). A model of emotional intelligence and conflict management strategies: A study in seven countries. International Journal of Organizational Analysis, 10(4).

[17] Dweck, C. S. (2008). Mindset: The new psychology of success. Random House Digital, Inc.; Dweck, C. (2016). What having a “growth mindset” actually means. Harvard Business Review, 13, 213-226.

A case for coaching: Measuring effectiveness

Posted on 22/09/2020 by Dr Claire Holland

A case for coaching: Measuring effectiveness*

Claire Holland** and Tina Hoyer***

*The views expressed in this blog are those of the authors and do not necessarily reflect those of the Australian Taxation Officer or James Cook University.

** Claire Holland is the Director of the JCU Conflict Management and Resolution Program. She is a senior lecturer and researcher in Alternative Dispute Resolution (ADR) and conflict resolution processes.

*** Tina Hoyer is an adjunct lecturer with the JCU Conflict Management and Resolution Program. Tina lead the ATO In-House mediation service and is currently a serving Squadron Leader for the Royal Australian Air Force as a Dispute Resolution Manager.

This blog is a summary of the presentation by Claire and Tina at the 8th ADR Research Network Roundtable, La Trobe Law School, La Trobe University Melbourne Australia, 2019.

The Australian Taxation Office (ATO) is proposing to trial an innovative ‘case coaching’ model designed specifically for ATO auditors and objections officers (“ATO officers”) to build and strengthen their dispute resolution skills, tax technical capability and corporate knowledge.[1] Designing, implementing and choosing to incorporate a coaching model as part of everyday business is a significant investment for any organisation. The investment is not just in terms of direct financial outlays, but also indirect costs, such as staff time, staff engagement (buy-in vs disengagement), and staff experience. Therefore, it is vital the effectiveness (or not!) of a coaching model is measured to determine its cost, benefits and expected outcomes in order to:

justify the time and cost to the organisation of implementing a coaching program; and,
identify weaknesses and strengths in the individual coaches and the coaching program overall so improvements and adjustments can be made.

Coaching programs are often only evaluated at a superficial level, if at all.[2] That is, evaluation is conducted by way of a questionnaire to gauge the reactions of the participants of the program. For coaching to gain sustainable credibility, it has been recommended evaluation should occur not only to gauge the reaction of the participants but also to measure:

Learnings: that is, the knowledge, skills and attitudes that result from the program and which were specified as learning or developmental objectives;
Behaviour: aspects of improved job performance that are related to the learning objectives; and,
Results: relating the results of the program to organisational objectives and other criteria of effectiveness.[3]

Thorough evaluation of coaching programs is also important to build the credibility of coaching as a profession and to contribute to the research on approaches to formal evaluation of coaching programs. The research will assist with consideration of the adoption of the case coaching model as part of the ATO’s business as usual processes, as well as for the potential uptake of similar internal case coaching models by other large organisations (government and private sector).

How will the case coaching model be evaluated?

The evaluation of the case coaching model will be both on a formative (that is, during the planning and delivery phase of the coaching program) and a summative (at the end of the coaching program) basis.[4] Based on program logic design concepts[5] and the theory of change[6], the anticipated outcomes of the case coaching for the key stakeholders will be the main focus of the evaluation. The key stakeholders and their anticipated outcomes have been identified following qualitative data collection which captured the views and opinions of ATO senior leaders and potential participants of the case coaching project and the most popular themes extracted.

There were five key stakeholders of the case coaching program identified, being the individual ATO officers coached, the coaches (ie. their managers or technical leaders), taxpayers, the ATO and the overall community. The overarching aim of the case coaching is to ensure ATO officers are well-prepared for their interactions with taxpayers and are approaching the interaction with an appropriate mindset with a view to preventing or resolving the tax dispute.[7] If this is achieved, there will be beneficial short, medium and long term outcomes not only for the individual ATO officers but also the coaches (ie. their managers or technical leaders), taxpayers, the ATO and the overall community (being the five key stakeholders of the case coaching program).

The anticipated outcomes of the case coaching model

(i) ATO case officers being coached

In the short term (immediate), the main anticipated outcome of the case coaching is to ensure the ATO officer is approaching the case with an appropriate mindset. That is, ideally the ATO officer should be open to listening to the taxpayer and willing to change their initial assessment/approach to the case, consider other options if appropriate, with a view to earlier resolution of the tax dispute. If these outcomes can be achieved, it will lead to the ATO officer improving their critical soft skills, a sense of satisfaction that they have made the “right decision,” (i.e. it is within the law, ATO policy, and/or has a fair and reasonable outcome), improved technical and corporate knowledge in the medium term (6 months).

Long term (6 months plus) there will be improvement in workplace culture, greater job satisfaction, improved staff experience.

(ii) The coach

In the short term, the coach will gain an awareness of any skills gap as well as confidence the “right decision” is being made and the ATO officer is prepared for their interaction with the taxpayer. The coaching is likely to add time however this should improve over time as staff become more experienced as a result of the coaching. Therefore in the medium term, case cycle times should be reduced. The coach should also observe an improved staff experience which is likely to mean less unplanned leave, improved staff performance, increased efficiencies. All this in the long term will led to an improved workplace culture and overall job satisfaction.

(iii) Taxpayers

In the short term, taxpayers may feel they have been heard and respected. Through feedback, reports and word of mouth taxpayer statements, other benefits include: feeling the process was transparent and managed appropriately; the outcome was fair (even if the taxpayer is unhappy with the result); improved awareness of taxation obligations; and greater certainty in taxation maters. This will lead to greater taxpayer confidence in the taxation system.

(iv) The ATO

In the short term the coaching is aimed at ensuring the ‘right decision’ is being made (i.e. it is within the law, ATO policy, and/or has a fair and reasonable outcome). A medium term aim is to resolve disputes at an earlier stage of the within the ATO dispute system, thereby saving costs. Effective coaching may ultimately lead to less complaints and litigation. A benefit for the ATO may also be improvements in the sharing of corporate knowledge; improved staff culture; improved reputation of the ATO; and long term, a more efficient taxation system.

(v) Community

The long-term goal for the community will be a general feeling of consistency and fairness in the taxation system and community confidence in the ATO.

The case coaching model is anticipated to complement the ATO’s sophisticated Dispute System Design (DSD) and the ATO’s internal use of ADR methods, including in-house facilitation (mediation), the dispute assist program, and independent review. For further information on the model and ATO DSD see the upcoming publication Holland, C. & Hoyer, T. (in press). A case for coaching: Influencing cultural change at the ATO. Dispute Resolution Review.

[1] For further information in relation to the case coaching model will be available in upcoming publication Holland, C. & Hoyer, T. (in press). A case for coaching: Influencing cultural change at the ATO. Dispute Resolution Review.

[2] Gray, D. E. (2004). Principles and processes in coaching evaluation. International Journal of Mentoring and Coaching, 2(2), 1-7.

[3] Gray, D. E. (2004). Principles and processes in coaching evaluation. International Journal of Mentoring and Coaching, 2(2), 1-7.

[4] Grover, S., & Furnham, A. (2016). Coaching as a developmental intervention in organisations: A systematic review of its effectiveness and the mechanisms underlying it. PloS one, 11(7), p 6.

[5] A logic model is a graphic depiction (road map) that presents the shared relationships among the resources, activities, outputs, outcomes, and impact for your program. It depicts the relationship between your program’s activities and its intended effects.

[6] A theory of change shows how you expect outcomes to occur over the short, medium and longer term as a result of your work. It can be represented in a visual diagram, as a narrative, or both.

[7] A main focus of the ATO’s reinvention program

Call for participants – Mediation Research Project

Posted on 14/09/2020 by Dr Claire Holland

Participants required for mediation research project

Mediator Neutrality, what does it mean to you? Assistance is sought from practising mediators conducting civil law mediations in NSW to participate in academic research. The research project is concerned with mediators’ understanding of neutrality in the context of self represented parties. The study explores mediators’ understanding of neutrality and fairness and how they inform the practice of mediation. The research will also investigate the challenges and opportunities of mediation when parties in mediation do not have legal representation. This study is part of a doctoral research project by Svetlana German (bio below). If you are a mediator in NSW and are willing to participate in a one hour interview Svetlana would love to hear from you! For further information or to indicate your interest in participating please go to www.mediationresearchproject.com or email Svetlana directly (her details are also on the website)

Bio: Svetlana is currently undertaking her PhD at UTS in the area of mediation and this study is part of her doctoral research. Svetlana is a barrister and an academic. She was called to the bar in 2013 and practiced at 10th Floor Selborne Wentworth Chambers. Svetlana teaches at the University of Notre Dame Australia and holds the Quentin Bryce Law Doctoral Scholarship at UTS. She has a Masters of Law from Columbia University, and science and law degrees from the University of New South Wales. She has practised as a commercial lawyer in Sydney (Allens Linklaters) and is an accredited mediator in New York and with the National Accreditation Mediation System (NMAS) and is registered with the Commonwealth Attorney Generals Department as a Family Dispute Resolution Practitioner (FDRP).

Creating the leaders of the future – we need to broaden our focus on soft skill development in order to achieve organisational success

Posted on 27/09/2019 by Dr Claire Holland

As we enter what is being referred to as the ‘Fourth Industrial Revolution’, characterised by its rapidly changing, technology focused and competitive environment, organisational leaders are faced with new challenges when striving to achieve organisational success. According to recent research undertaken by McKinsey & Co across the USA and Europe, we are facing a significant shift in the skills employees and leaders will need to achieve success. Not surprisingly, it is expected that between 2016 and 2030, the hours spent using technological skills (advanced IT skills, programming and basic digital skills) will increase by 55%. This is only part of the picture however as the research also indicates that the use of ‘social and emotional’ skills will increase by 25% in the same period. The types of skills classified as ‘social and emotional skills’ include advanced communication and negotiation skills, empathy, leadership skills, adaptability and coaching, skills that are often referred to as ‘soft skills’.

Whilst some organisations and educators at all levels (primary, secondary and tertiary), have invested a great deal of time and effort in preparing for the technological skill shift, there has been arguably much less focus on preparing for the increased need in ‘soft skills’.

Current research being undertaken at James Cook University (JCU) is focused on gaining a deeper understanding of the skills and behaviours required by organisational leaders to deliver organisational success now and into the future within the Australian context. Furthermore, the research is seeking to identify where there are perceived significant gaps between skills required in future leaders and those being observed in prospective organisational leaders (graduates and junior managers). Early results highlight the importance of ‘soft skills’ and recognise a significant gap in these skills within the current work environment.

Skills required by our future leaders

As part of the research project at JCU, organisational leaders in Australia operating across public, private and not-for-profit sectors were invited to participate in semi-structured interviews and complete a questionnaire. The research participants are working across a range of industries including health, human services, banking, mining, sustainability, higher education and insurance. When asked what skills and capabilities are required in order to lead an engaged and productive workforce, the research participants identified authentic engagement, connection and communication with staff as the most important skills. These were immediately followed by the ability to self-reflect, empathise, remove barriers and support autonomy across the workforce, motivate and stretch staff, create and clearly articulate a vision and purpose and to be able to connect staff contributions to the organisations vision and purpose.

Other important skills and abilities identified included the ability to engage in courageous conversations, deal with ambiguity and create clarity out of chaos, establish great networks to gain broader insights, be adaptable and transparent. Participants also highlighted the importance of creating a culture of ‘team’ where you felt safe, supported and felt your leader had ‘your back’ and believed in you.

Specifically, interviewees stated:

‘I think we know that where people feel safe, valued and empowered and asked to be their real genuine authentic self they come forward with new ideas’

[General Manager, one of Australia’s top four banks]

‘(a leaders) intelligence can be up and down …… I don’t think any of that matters because great leaders get the right people around them and that support enables them to deliver the best outcome.’

[Senior Manager, Organisational Development, State Government]

When asked to identify what skills and behaviours will be most important for the leaders of the future, the top 20 skills and behaviours identified were all ‘soft skills’ relating to either self-management or people management. Interestingly, these outcomes correlate with those identified through a research study conducted by Google that looked at the hiring, firing and promotion data accumulated since 1998, to identify the eight (8) most important qualities of their top employees. The project was titled ‘Project Oxygen’ and it found that out of the top eight skills, seven (7) were skills that would be considered ‘soft’ or ‘higher cognitive’ skills. The top seven characteristics at Google, according to this research, are:

Being a good coach;
Communicating and listening well;
Possessing insights into others (including others different values and points of view);
Having empathy toward and being supportive of one’s colleagues;
Being a good critical thinker and problem solver;
Being able to make connections across complex ideas.

The eighth and final characteristic is subject matter expertise, namely STEM expertise.

Where is the gap?

A recent study by Deloitees involving 4000 Gen Z participants found that 37% experience concern that technology is weakening their ability to maintain strong interpersonal relationships and develop people skills. Deloittes insights paper on “Generation Z enters the workforce” states:

whilst these digital natives may bring an unprecedented level of technology skills to the workforce, there are some apprehensions about their ability to communicate and form strong interpersonal relationships.

Specific concerns include,

Technology has impacted the development of cognitive skills, including intellectual curiosity, amongst the next generation, creating the risk of skill gaps when they enter the workforce en masse. A shortfall in highly cognitive social skills such as problem solving, critical thinking, and communication, could be particularly evident.

The ability to skillfully interact and communicate with others not only contributes to successful relationships but also drives accumulation of tacit knowledge, which is usually passed down through decades of communication and collaboration in a work place. This may include specific information relating to processes, customers and other things, like culture. This type of knowledge is difficult to transfer through the digital realm as it is ‘rooted in context, observation and socialisation’. The Deloitte paper discusses how the communication skill gap in Gen Z may potentially hinder the transfer of tacit knowledge.

The JCU research results also highlight the critical gaps that are perceived to currently exist within Australian workplaces between critical skills required of a good leader and observed competency of emerging leaders in these skills. Research participants were asked to rank the ‘level of importance’, and then rank the ‘observed general competency’, of skills demonstrated by potential leaders within their organisations. The highest level of discrepancy between ranked level of importance and observed competence of prospective leaders was ‘the ability to manage conflict’. This was followed by six other people management skills, namely the ability to; influence others, delegate, motivate others, negotiate, inspire others, give positive and negative feedback, empower others and develop others.

Research participants observed that the areas where the skill gaps appear minimal include: setting specific goals and targets, self-confidence, passion, optimism, making analytical decisions, innovation and assertiveness.

Why is this relevant for Conflict Management and Resolution Practitioners

Through literature reviews, semi-structured interviews and questionnaires, the JCU research has found a significant overlap between the skills required to be a good leader and the skills required to be an effective CMR practitioner. These skills include:

Honesty
Self-awareness
Comfortable with uncertainty
Able to hold multiple perspectives
Identify options
Behavioural observation
Emotional intelligence
Understand broader views
Empathy
Active listening

As such CMR Practitioners will have the opportunity to play a critical role in addressing the gap in ‘soft skills’ and supporting organisations to build, develop and improve on their soft skills within their leadership (current and future) cohorts. This may be achieved in a number of ways including:

Practitioner – helping organisations to manage an increasingly high volume of workplace conflicts as a result of leaders not having the capability to manage or resolve conflict themselves.
Capability builders– educating and supporting organisations to build the capacity of their workforce, including bespoke training on important skills such as resilience communication, feedback, and other ‘social and emotional’ skills.
Taking on leadership positions – as many of the skills are transferable some CMR practitioners may choose to utilise their skills by taking on operational leadership roles.

All research participants were clear on the importance of investing in skill development for their workforce’s. One participant stated:

[Need to invest in the soft skills….] ‘without those skills you are not going to have a very good workplace, you are not going to have engaged staff, it leads to all sorts of issues, so it’s well worth investing in.’

[Senior Leader, Tertiary Education]

Therefore, as CMR practitioners, we may find increasing demand for our services and an expansion in the types of roles that exist for individuals who are competent practitioners and trainers in social and emotional skills.

Claire Holland and Amaya Mo presented on their research at the National Mediation Conference in April 2019, and a publication of the results is forthcoming.

Amaya is the Principal of Zing & Co, a management consultancy specialising in creating, developing and supporting high performing, engaged, happy and resilient workforces. Amaya is also a lecturer and researcher in the JCU Conflict Management and Resolution Program.

Can Mediation transform complaints between pet owners and veterinarians?

Posted on 18/09/2019 by Dr Claire Holland

Jane Rose, a Veterinarian and JCU Master of Conflict Management and Resolution student shares her views on the opportunity to use facilitative mediation as part of a regulatory and complaints processes prescribed in the legislation governing veterinary practice in New South Wales (NSW). Jane’s blog post focuses on the NSW Veterinary Practice Act 2003 and has been co-authored with JCU Conflict Management and Resolution Lecturer, Rikki Mawad.

Conflict and Complaints in Veterinary Practice

It is not uncommon for mistakes to be made, costs to escalate and communications to break down between Veterinarians and Pet Owners. As with complaints in relation to human health care, disputes in relation to veterinary practice are invariably related to client dissatisfaction with a veterinary practitioner or the treatment outcome. Veterinarians practice in busy, emotionally charged small clinical businesses and have to make decisions in quick succession with little time for effective communication between team members and at times, impacted families. Each practice is a small business, standards can vary, and an external body does not audit the daily delivery of veterinary medicine.

A common example of conflict between veterinarians and pet owners is in relation to costs. While care costs are discussed at the beginning of treatment with pet owners, these can change unexpectantly. It is not uncommon that a patient may respond adversely to a procedure or for a new problem to be discovered and for the owner to not be contactable, leaving the care team to make critical decisions in the moment. The result of this is often a larger bill, and at times, unexpected euthanasia. The human impact can result in an angry and or grieving client, a stressed veterinarian and a possible hearing before the Veterinary Practitioner’s Board.

Prescribed Dispute Resolution Processes

The Veterinary Practice Act (VPA) 2003 regulates the provision of veterinary services NSW. The Act requires the establishment of a State Board as the regulatory authority, with one function of the authority being the investigation of complaints against veterinary practitioners. The Board recommends that concerns about veterinary practice are first raised with the veterinarian or clinic superintendent. If complaints are not able to be resolved directly between the veterinarian or the clinic superintendent and relate to animal healthcare, the complainant can raise their matter with the VPA State Board.

When the Board receives a complaint, the matter is investigated, experts may be called to give evidence and then a determination is made as to whether the practitioner has breached the Act and what sanctions may apply.

For matters that do not involve a breach or finding of misconduct, there are is no further recourse other than a separate legal action. Often however, the complaints process has further damaged both parties’. Not only does the complainant still feel aggrieved, the practitioner also still feels attacked and untrusted and there is a lingering fear of litigation.

(Un)Resolved Matters

For those involved in a dispute, the journey to resolution of a complaint is often long and arduous for all parties. For veterinarians, complaints can be mentally and emotionally demanding, and take them out of delivering clinical care and out of their businesses. Like medical practitioners, the fear of litigation has impacted the delivery of animal healthcare, with veterinarians increasingly forced to practice defensive medicine and with pet owners increasingly pursuing legal action beyond the regulatory body. Defensive medicine refers to departing from normal medical practice as a safeguard to litigation. It can involve unnecessary tests being performed, or treatments prescribed to be safe, and on the converse risky procedures, that could benefit patients, are avoided, serving the function to protect the physician.

Through the investigation and determination process, there is little to no scope for either party to present on and discuss their interests or needs, therefore preventing an opportunity for the conflict to be transformed. While serious misconduct must be addressed, the dispute resolution framework used by the Board doesn’t offer any opportunity to restore a complainant’s faith and trust in the veterinary profession or allow for any understanding of a practitioner’s perspective. The lack of communication (directly or facilitated by a third party) between the disputants thwarts any opportunity for understanding, forgiveness, apology and or reconciliation regardless of whether there has been a finding of a breach. When no breach has been found, the process has still further damaged both parties’ relationships and little has been done to address the fact the complainant is still aggrieved and the practitioner still attacked and untrusted.

In the author’s experience, the majority of complaints arise due to miscommunications between client and practitioner, accidental mishaps, communication breakdown with the practice team or sometimes acts of nature where an animal has a grave reaction that could not be foreseen. Given the root causes of these complaints tends to be miscommunication rather than misconduct, the author suggests there is much to be gained by introducing mediation into the VPA dispute resolution process.

Better Resolution, Regulation and Relationships through Mediation

With mediation often used in human medicine to resolve clinical, bioethical and medical malpractice disputes to save time, money, emotional energy and lost opportunities, why not introduce facilitative mediation into animal medicine? Using a facilitative mediation process as a precursor to or part of a formal process under the Act arguably gives the parties the opportunity to better address the substance of a complaint, create shared understanding of the issues and potentially party-generated more effective options for resolution.

Other jurisdictions have already moved to include facilitative mediation as part of their regulatory regimes. The Royal College of Veterinary Surgeons (RCVS) in the UK for example found that facilitative mediation should be employed early in veterinary disputes. It was their recommendation that facilitative mediation form part of the dispute resolution framework as a way to improve client interactions, the delivery of care and to better support veterinarians overall in their work/as a profession.

The majority of complaints raised by pet owners in the United Kingdom, like in Australia, fall outside of the professional misconduct remit of the governing body. In these situations, the RCVS has embraced mediation as a way to resolve complaints and allows concerns, that fall outside of the professional standards remit, to be resolved to both parties’ satisfaction. The scheme has reported success with 78% of cases resolved after being sent to mediation (BVA 2017). While the UK approach is only in the early stages, it is already showing huge promise as a better, less adversarial, confidential environment for constructive communication between disputing parties that can only add value to the profession (and the clients). In cases of gross professional misconduct, litigation is likely to remain the most appropriate remedy, however facilitative mediation can still assist to work through the parties’ emotional needs and interests.

Reducing the Impact of Complaints through Mediation

In 2016, thirty-three complaints were submitted to the Veterinary Practitioners Board of New South Wales (VPBNSW). Eight were upheld and the veterinarians were found guilty of unsatisfactory professional conduct or professional misconduct. The remaining 75% of complaints were dismissed. Moreover, since 2010, new complaints raised against veterinary surgeons has risen from 42 to 57 and since 2007 they have more than doubled ( 25 increased to 57) (VPBNSW Annual Report 2018) Though not all complaints resulted in arbitration, they would still have created anxiety to the veterinarian involved and distress to the pet owner. Whether these complaints were seen as legitimate or not by the board, they were to the complainant and remain real threats to practitioners.

As outlined in the previous section, engaging in facilitative mediation would enable each party to see the dispute from each other’s perspective, potentially reducing anxiety and dis-ease, re-establishment of client-doctor relationship and professional self-confidence and acknowledge the emotional impact of complaints. The development of solutions to address why a complaint arose could also lead to improvement in clinical and customer standards.

Conclusion

With the suicide rate for veterinarians in Australia reported as four times higher than the general population and double that of other healthcare professionals, the industry is facing both a mental health crisis and skill shortages. With increased dissatisfaction with the current complaints processes and such serious stress on the profession, it is critical that the authorities review the dispute resolution and regulatory processes. Introducing facilitative mediation as part of the process is a clear and low risk opportunity to improve complaints handling, client satisfaction, practitioner wellbeing and the delivering of quality veterinary care in NSW and across Australia.

The Australian Dispute Resolution Research Network

The ADR Research Network is a group of Australian dispute resolution academics. Blogging & tweeting high quality, critical dispute resolution scholarship.

Author Archives: Dr Claire Holland

About Dr Claire Holland

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