A positive professional ideology for lawyers: Fidelity to the good of dispute resolution (DR)

s-l300A positive professional ideology for legal DR practice should incorporate a genuine fidelity to the good of DR. This ‘good’ derives from the values and goals of DR that are firmly situated within the framework of the rule of law in Australia’s Western liberal democracy. Core DR values include justice, party autonomy and community. Lawyers practising DR need to be professionally committed to working to realise these values across the matrix of DR processes, as they constitute an anchor of belief and perspective, and represent the grounding positive contribution that lawyers as DR practitioners make to society. DR values should influence professional lawyering and decision-making, guiding judgments as to what is acceptable and ethical. DR process goals — procedural and substantive justice, impartiality, self-determination and participation, and access to justice — represent the procedural objectives for putting such values into practice. Together DR values and goals provide the foundations of DR as a societal ‘good’, and form an ethical, just foundation for a positive professional ideology for lawyers.

Parties who seek the services of DR legal practitioners are almost always in a position where they are struggling to manage or resolve their disputes themselves. This is why they need access to legal DR expertise. They find themselves without the necessary knowledge, skills and attitudes to achieve effective dispute resolution, or conflict management, on their own. Being in dispute or conflict is often a difficult, stressful and disheartening time for people. Through a fidelity to the good of DR, lawyers not only contribute constructively to society but they can also achieve positive interpersonal and individual change for their clients. This positive impact has the potential to extend to healing, wholeness, harmony and optimal human functioning.

It is difficult to measure or quantify the exact actual benefit of DR practice for societal harmony, for legal certainty, for the quality of business and personal relationships, and for the well-being of citizens. It is nonetheless our contention that lawyers practising DR are, by putting the values and goals of DR into action, contributing to and sustaining, an inherent public good.

These thoughts have been adapted from Chapter 13 of Laurence Boulle and Rachael Field, Australian Dispute Resolution: Law and Practice (Lexis Nexis, 2017). We welcome your responses to them.

Laurence Boulle and Rachael Field

Acknowledgement of image: https://www.google.com.au/search?q=images+for+fidelity&rlz=1C1CHZL_enAU769AU769&tbm=isch&tbo=u&source=univ&sa=X&ved=2ahUKEwjF3sen79rdAhXY7WEKHdGNB5gQ7Al6BAgAEA0&biw=853&bih=386#imgdii=MAkGkWr9xEeZIM:&imgrc=EEsqx8d9gM18PM:

 

30 Years of the Australasian Dispute Resolution Journal!

IN 2019 ADRJ WILL CELEBRATE 30 YEARS OF PUBLISHING ADR ARTICLES

The Australasian Dispute Resolution Journal, published by Thomson Reuters (then Law Book Co), was a pioneer in venturing into the field of publishing academic articles relating to mediation. This came about through the efforts of the late Micheline Dewdney and Ruth Charlton, supported by ADRA and encouraged by the late Sir Laurence Street.

Sir Laurence contributed the first article for publication in February 1990 and remained till his death the Chief Editorial Consultant of the Journal. That article, still fresh and relevant today, is to be republished in Part 2 of Volume 28 as a tribute to his vast contribution to ADR.

Innovation and research continues to expand our knowledge in the broad field of dispute resolution. Thus the Journal would welcome the receipt of unpublished topical articles (up to 5000 words) and book reviews (up to 1000 words). All articles are peer reviewed.

Contributions should be emailed to the Thomson Reuters Editor at lta.adrj@thomsonreuters.com

Posted on behalf of Ruth Charlton

ADRJ Editor

A Tribute to Mediation’s Grassroots

 

sps_1473 staff on call1While mediation has become a generic and ubiquitous brand it is worth recalling its 1980s Australian genesis in community justice programs throughout the country. Despite the contemporary preponderance of mediation within courts, tribunals, commissions and other legal institutions or legal contexts, the community justice programs have continued in less prominent forms and have increased their scope and services over time. While it is tempting to consider multiple future adaptions of mediation through replacement and disruptive technology and in many different dispute areas, it is appropriate to recognise the anchoring effect of its earliest community manifestations. While disruption (or, more positively, transformation) is a vogue concept of the age there is also a value in those who maintain the practice of traditional forms of mediation. While welcoming the inn

This is not, however, to pine wistfully for a return to mediation’s original intent and identity, as is sometimes heard at conferences. The system now has multiple intents and numerous identities; its future must be considered in the light of the present, and we reject an over-nostalgic view of mediation’s past. As we said in Australian Dispute Resolution, it is important to engage with ‘the discontinuities in the history of DR in Australia to help us learn from the past, avoid reinventing the wheel, remind us of the ideas and approaches that have been jettisoned, and appreciate why they have been discontinued or replaced’.

sps_1330 mediation scene

We hope you have enjoyed the series of posts from Chapter 12 of our new book Mediation in Australia (LexisNexis, 2018).

Laurence Boulle and Rachael Field

Spreading the word – making ADR research available to the wider workforce

At a recent VADR presentation on Workplace Dispute Resolution, Fred Wright, Rodney McBride and Sue Ackerly spoke about their dispute resolution (DR) work with the public sector. Focussing on triage rather than direct DR processes, their work is data driven – this struck an immediate chord with me as it connects to my passion for evidence-based practice.

The findings of the 2010 State Services Authority’s implementation guide: Developing Conflict Resilient Workplaces and its companion guide for Managers and Teams were drivers of their work. These reports (part of the ‘Taking the heat out of workplace issues’ project) have inspired me to investigate the findings more closely.

 

This research holds interest for me, because it has a direct and strong connection to my work in DR. But the research has relevance and significance far beyond those of us practising in the DR field. It has something to say to every business – from the largest to the smallest. How many of these businesses (time poor like we all are) will make time to review the findings and explore their business relevance? I think we know the answer.

This is an important example of a broader issue and a recurring challenge.

Is it enough for us – dispute resolution (DR) academics, pracademics and practitioners – to investigate the research and share it with each other or should we be doing more? Do we have a responsibility to pass on this knowledge to the business community intimately affected by the findings? It is a question I see raised continually in research.

In particular, do we need to find a more accessible way to support businesses to recognise the need to deal with conflict early? Does that mean reconstructing how we approach education about DR processes?

resilient workplace

The Report published Victorian State Services Authority

Today, eight years after the reports were first published, I wish to discuss three points.

  1. What evidence do we have about implementation of the recommendations provided in the 2010 guides?

In the workplace environment, I have seen a move away from more adversarial, ‘grievance based’ processes (often triggered only when they have escalated to a point of ‘no return’), to promoting more informal processes (like conflict coaching, facilitation and mediation) to deal with workplace issues as an early intervention tool. This supports the triage process recommended in the Report.

This suggests to me that we are on the way.

  1. How do we support those who are implementing these ideas to pass the message on to others?

Those organisations who understand the value of early intervention and support it together with more formal processes are a vital resource in education about the benefits of ADR. The DR community needs to provide them with evidence-based support and encouragement that they are ‘on the right track’. We can do this by continuing to collect data on the success of this existing research and publishing the findings. We can also showcase these businesses in case studies and success stories.

  1. How do we promote these ideas to workplaces who are not yet on board?

The current business environment gives weight to and is influenced by evidence-based practice. Our community continually publish literature and presents at conferences about the benefits of ADR for other DR professionals. The blogposts available via the ADR Research Network are a significant example of how we provide accessible information about the benefits of the different available DR processes.

The question now is how to provide these to the wider community? The practitioners amongst us are sharing this information as part of the ADR processes and professional development we provide.

Many of us have access to other industries- either because of the focus of our research or because of the careers we held prior to entering the ADR space. Although some of you are already doing this, I encourage the rest of you not only ‘preach to the converted’, but to seek a wider audience with which to share your expertise.

For my own part, I plan to find an industry conference where the audience can be introduced to the value of early intervention through the evidence-based research in which my colleagues and I have been engaged.

I invite others to share their ideas about making ADR research accessible to the wider workforce.

The future of legal practice and legal education: Mediation

Our series of posts from Chapter 12 of Laurence Boulle and Rachael Field, Mediation in Australia (LexisNexis, 2018) is almost at an end. This is our penultimate post:

The institutionalisation of mediation (discussed in Chapter 8 of Mediation in Australia is so central to the future of legal practice that (as we argued at some length in our other work Australian Dispute Resolution: Law and Practice (LexisNexis, 2017)) ‘it should also be central to every law graduate’s experience of legal education’. The recent nod to this position is the inclusion of DR in the core compulsory subject ‘Civil Procedure’ in the Priestley 11 subjects (the core compulsory subjects required for eligibility for admission to legal practice in Australia). Some in the mediation community, including some of our most esteemed colleagues in the ADR Research Network, see this as a positive and sufficient development. We agree that it is a positive development. However, we respectfully consider the approach to be insufficient.

Gavel,Law theme, mallet of judge

In 2012 a national study by NADRAC found that only eight law schools at that time included in their curriculum a mandatory subject in which 50 per cent or more of the teaching focused on DR. The NADRAC Report made the point that ‘the amount of ADR teaching that currently occurs in the majority of Australian law schools is not sufficient in light of the increasing role that lawyers will play in advising clients about and assisting them in ADR processes’. At the time of writing, NADRAC’s successor — the Australian Dispute Resolution Advisory Council — is conducting a follow-up project led by Dr Kathy Douglas of RMIT. This new project will provide current, accurate and up-to-date nation-wide data about the presence of DR subjects in Australian law schools.Another chess board

In our view, until that data reflects that every law school graduate has experienced a dedicated DR subject in their degree (including content on mediation theory and practice), the current Australian legal education system will be failing to adequately prepare law students to enter legal practice with the necessary knowledge, skills, attitudes and ethical attributes to enable them to succeed and thrive within and outside the profession in the 21st century. As long as DR is taught to future lawyers predominantly through elective subjects, it will be only those law graduates who have the acumen to choose DR as an elective who graduate with foundational levels of DR competence. The legal academy must support the work-readiness and future employability of students through DR education, if the legal profession is to have the capacity to manage positively the diverse challenges it faces into the future.

We welcome your comments and responses to these thoughts.

Laurence Boulle and Rachael Field

Evaluating mediation anew

smiley face optionsThe new conceptualisation of mediation discussed in the previous post, inclusive of diverse practice, responsive, relational and ethically focused on the achievement of party self-determination in specific party contexts, will require ongoing evaluation and measurement of the extent to which the system does or does not live up to this recalibrated identity. Evaluation and measurement, both in absolute terms, and in comparison with other practices, will be critical for mediation’s future legitimacy and credibility, as it has been to the establishment of mediation’s current standing and acceptability in legal and social contexts.

However, the methods and approaches to how we evaluate mediation into the future will need to move past approaches with historical emphases on documenting settlement rates and satisfying statistical masters on time and resource factors. The profundity of methods for assessing mediation to date have been hampered by confidentiality, and by the confirmation bias associated with the need to establish mediation’s effectiveness and efficiency. Continued research is important into the future but will need to be more rigorous and sophisticated — to gauge the value of mediation in general as well as the efficacy of specific skills and interventions from the KSAE (the knowledge, skills, attitudes and ethics discussed previously).

More nuanced qualitative and interdisciplinary methodologies that explain the phenomenon of mediation more effectively will be necessary, such as narrative and phenomenographical methods, including approaches such as observation-based case studies, clinical reflective mediator practice, and individual anecdotes of existential experiences revealed through interviews and focus groups. Research design will include more variables and evaluation systems being built into the foundations of mediation programs to ensure more systematic collection of hard data and soft perceptions. Researchers and policy-makers will interrogate the problem of ‘what do we need to know about mediation’ more closely in order to design appropriate methods to extract the most useful and valid data. Researchers will also need to overcome confidentiality issues, look more critically at the quality of parties’ experiences, expose the shortcomings of mediation, evidence its diverse benefits and question the sustainability and justice of outcomes. Increased rigour in the measurement and evaluation of mediation and its bundle of attributes will better assist theory to meet practice and better inform policy development and the further institutionalisation of mediation.stock-photo-note-with-time-to-evaluate-on-the-wooden-background-534770503

In particular, we suggest that a closer evaluative eye is required on the operation of evaluative mediation, and the ability of evaluative mediators to achieve party self-determination ethically. It will be necessary to use research to ensure that if evaluative mediation becomes the normative approach, as well it might, that quality control and ethical frameworks exist to prevent rogue mediators making de facto determinations.

‘Forever learning’ is the potential mission statement of the mediation community into the future, as there is still much to be measured in, and understood about, mediation practice. Limitations in the ‘search for mediation knowledge’ will need to be overcome, and a deeper understanding of mediation practice will need to be revealed through a greater array of approaches and sources. Research efforts of greater depth and rigour will inform the future development of mediation’s bundle of attributes and micro-skills, as well as contribute to stronger awareness of the various pressures influencing and impacting the system. Understanding mediation is a long-term project for the mediation movement. Ultimately this understanding will contribute to mediation connecting more closely with the legal, social, economic and political contexts referred to in our previous posts.

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We welcome your comments and responses to these thoughts.

Laurence Boulle and Rachael Field

Acknowledgement of images: https://www.google.com.au/search?q=images+for+evaluation&rlz=1C1CHZL_enAU769AU769&tbm=isch&tbo=u&source=univ&sa=X&ved=2ahUKEwiSpP3ekpvdAhWJdt4KHR_fDGwQsAR6BAgGEAE&biw=853&bih=357; https://www.shutterstock.com/search/evaluation?kw=&gclid=CjwKCAjw8ajcBRBSEiwAsSky_aHUdL8UeqEvanh81SIPbwLQOdKVIRBA7b_9no0Drcgc8SAZuTTy2BoCOfoQAvD_BwE&gclsrc=aw.ds&dclid=CJCt2r-Wm90CFZYxKgodIl4Enw

Future mediation: A flexible bundle of knowledge, skills, attitudes and ethical attributes

We hope you find this next excerpt from Mediation in Australia (LexisNexis, 2018) thought provoking:

IMG_6355 (002)

If mediation, despite its versatility and diversity of applications, is looked at as an analytical model, then it is not clear how it might endure, grow and respond to some of the big challenges ahead. There is no necessary longevity to the system we currently call ‘mediation’, although nostalgic sentiment would wish it a long and productive life. DR innovation, technological disruption, authoritarian governance and other intervening factors will not leave mediation unaffected, and the system as we know it may be subverted, rejected, replaced or modified beyond recognition.

Regardless of these prognostications, an inevitable shift will involve looking at mediation less in definitional terms or as a procedural model and more as a flexible bundle of knowledge, skills, attitudes and ethical attributes (KSAE). This bundle might have endless possibilities for future application.

As regards the knowledge factor, sound understanding of problem-solving strategies and procedures is an assumed element of current mediator competence, with potential future applications in the big issues. The skills element of KSAE will remain focused on relational engagement and communication — empathic listening, acknowledging, reframing, summarising and questioning — with new skill sets emerging from the new forms of knowledge referred to above. The attitudinal element of KSAE will emphasise the responsiveness value discussed in Chapter 2 of Mediation in Australia through the potential mediation affords to achieving justice in a democracy centred on the Rule of Law, and the promotion of party and community well-being through the resolution and management of disputes.

Finally, the ethical attributes necessary into the future will continue to include mediator impartiality, but will need to be far more contextual in response to this flexible KSAE bundle. What will be the ‘right thing to do’ in mediation will no longer be governed by abstract concepts such as neutrality but will depend on the specific DR needs and circumstances of parties, their context and the ‘fitting response’ to upholding party self-determination (defined in Mediation in Australia as including informed consent and an absence of external determination).

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Within the confinements of law and legal processing alone the KSAE have influenced the development and practices, inter alia, of collaborative law, unfacilitated negotiation, expedited arbitration, less adversarial trials, conjoint expert evidence, industry dispute schemes and judicial DR. Beyond these developments, the KSAE factors have potential applications in peace-making initiatives around the world, in political systems, in educational bodies, in international relations, in trade and investment matters, and in all situations where there are continuing interactions within cognate groups, from nuclear families to global supply chains.

The relational and responsive nature of mediation sits at the centre of the system into the future, providing a motivation for moving beyond the current focus on models of mediation, such as facilitative versus evaluative or transformative versus settlement, to a focus on the intrinsic skills, techniques and attitudes associated with an inclusive concept of the mediation system. It is in this dimension that we consider that mediation will be able to engage in, and impact on, the bigger issues.

We welcome your comments and responses to these thoughts.

Laurence Boulle and Rachael Field

Image acknowledgement: https://www.shutterstock.com/search/ethical

New knowledge, new technology

Another excerpt from Chapter 12 of our recently published work: Mediation in Australia (LexisNexis, 2018):

Among the factors that will impinge on future mediation and its societal roles are new technologies and new forms of knowledge that are relevant to conflict, decision-making and mediation.

Coding image

In terms of the knowledge factor we already have one set of experts tunnelling the mountain of computer technology and artificial intelligence to unearth the algorithms and codes, apps and devices which can provide negotiation support, improved predictive analytics and more efficient data processing in mediation’s better cause. It is difficult to predict the nature, extent and potential impacts of such developments. Moreover, much of the technology that will transform the styles of mediation practice into the future has yet to be invented. The exponential progress in technological advances undoubtedly means, however, that mediation will operate differently to the process as we now know it. Electronic and online tools will increasingly find their way into mediation spaces and enhance the flexibility, accessibility and virtuality of the system. Mediators may not themselves need the ability to code, but they will need understanding and capacity to utilise and maximise the benefits of new digital technologies. They will also need basic knowledge and terminology to communicate effectively with scientists and technologists so they can influence the direction and outcomes of their tunnelling.

In terms of new knowledge another set of experts is tunnelling a mountain to unearth clearer understandings of the DNA equivalent of conflict and disputation. These labours will reveal deeper knowledge of these phenomena and their cognitive, emotional, physiological and behavioural dimensions. The knowledge will extend to better understanding of how humans make decisions, of implicit, cognitive and social biases and of the impact of environmental and symbolic factors on negotiations. We envisage that understandings of negotiation, mediation and decision-making will be better informed and become more nuanced and sophisticated through multidisciplinary and interdisciplinary approaches across disciplines such as anthropology, economics, sociology, psychology and political science. In particular, knowledge of the neuroscience of decision-making, of rationality and of human biases and responses to conflict will become standard mediator knowledge platforms from which they can attempt to achieve effective practice — their understandings of the brain will empower master mediators to match, and mix, their metaphors to suit particular clients and circumstances. These understandings will also inform the development of mediation theory, ethics and values.

tunnel through mountain image

Whether the two tunnels will be found to meet within the same mountain remains to be seen. On one hand, the cognitive and neuro-science knowledge base will allow mediators to comprehend the deepest motives, needs and prejudices of their clients in all their humanistic weaknesses and paradoxes. On the other, the technological innovations will purport to negate the factors of uncertainty, irrationality and indecision which cause mediating parties to revert to survival mode and avoid settlements. The two levels of expertise could have both synchronous and inconsistent implications. Algorithms hold the promise of eliminating problematic cognitive and social biases, but could be themselves biased in their construction. Deeper humanistic impulses, both negative and positive, might not be susceptible to capture in software, apps and analytics. Robo-mediator, along with robo-negotiator and eventually robo-judge, will have unsurpassable levels of proficiency and efficiency in some dimensions, but lack the humanistic dimensions emphasised by social and behavioural scientists. Those with more expertise in these two areas than we have will both contribute to and evaluate the forthcoming fusions and fissions.

We welcome your responses to these thoughts.

Laurence Boulle and Rachael Field

Image acknowledgement: https://www.google.com.au/search?q=algorithm+images&rlz=1C1CHZL_enAU769AU769&tbm=isch&source=iu&ictx=1&fir=s2fu1eCE6eNV1M%253A%252CivrrVUouzFHm0M%252C_&usg=AFrqEzeQ4tZShNy19sSe8RZGr8KET8Uhqg&sa=X&ved=2ahUKEwj9-KmAl_7cAhVEzLwKHUStA4AQ9QEwB3oECAUQEg#imgdii=A5PjGHKbgoIRkM:&imgrc=s2fu1eCE6eNV1M:

System maintenance or mediating big issues?

Here is another excerpt from Chapter 12 of our recently published work: Mediation in Australia (LexisNexis, 2018):

It is a feature of the times to refer to different social phenomena as being in crisis. We read and hear about crises in the environment from deforestation to plastic pollution to space junk; crises in the conditions of over 60 million people dislocated by violence, discrimination or natural disasters; crises in democratic systems caused by corruption, authoritarianism, false facts and political apathy; crises in individuals’ sense of security, personal safety, work tenure, mental health and traditional ways of life; crises in domestic economies caused by excessive competition, tax and revenue avoidance and financialisation; crises in international customary law, treaties and conventions caused by geo-political forces and nativism; crises in reconciliation with Indigenous Australians caused by lack of constitutional or treaty recognitions; crises caused by disrupted patterns of economic ordering across national borders; and crises in wealth and income distribution and the financial dominance of a few and the poverty of the many. The legal profession too has long been said to be in crisis, and the same has been said of DR.

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Whatever the validity of the crisis claims there is little doubt that fear, anxiety and depression are widespread in Australian society, and in many others. Each of the above crises, some real and pressing and others more remote and hyperbolic, is partly a function of neoliberalist economic principles and practices which have both overt and covert implications for work, costs, cultures, health and ways of life of individuals, groups, organisations and whole societies. This is well-documented in the relevant literature.

We do not, however, depict a crisis in mediation. We rather consider it as one of several possible responses to other critical events and incidents. A question we would like to start considering is whether conflict management and DR processes in general, and mediation in particular, can provide appropriate systems and procedures for the future management of the many factors of challenge, disruption and transformation being experienced — can they support the prevention, containment, management, determination or resolution of the critical problems, conflicts and disputes which global societies face? We tentatively explore this in the context of many social institutions with ‘mediating’ functions having broken down in full or part — political parties, trade unions, churches and neighbourhood communities.

In a recent DR course conducted by one of the authors a similar list of domestic and global ‘big issues’ was provided to students. The students selected homelessness in Australia as their topic and were asked to research and consider how mediation methodology might be brought to bear on the political, economic, legal and practical dimensions of addressing the reality that over 100 000 Australians sleep rough each night. The inevitable utopian idealism aside, they were constructive and creative in probing and analysing how mediation values, procedures and techniques might be adapted and applied in these areas. In particular, they emphasised mediation’s potential role in identifying relevant parties, facilitating discussions, promoting interests and priorities, establishing supportive legal infrastructures and enhancing bargaining for mutual gains. Future progress will be reported in the literature.

Mediation has some initial form in regard to major social issues. It is used in one or other of its manifestations in everything from community to political disputes and from commercial to international conflicts. It has had direct and indirect influences on peace-keeping and truth and reconciliation systems, on the emergence of practices such as collaborative law, conflict coaching, negotiation acumen, dispute prevention and nudge practices and in specialist dispute areas such as family law, workplace relations, elder law, industry bodies, consumer complaints, end-of-life decisions and higher degree supervision. Even where mediation’s influence is indirect it is arguable that its institutionalisation in the legal system and accession into mainstream thinking has made these innovations more acceptable.

It is true that mediation has influenced many areas of societal thinking and social practice, but it has also been tainted or at least compromised by some of these challenges. We have tracked some of these influences in Mediation in Australia — influences which cause mediation to be more mandatory and manipulative, more evaluative and short-term focused, and more an instrument of other objectives and less of its own normative imperatives.

Nonetheless mediation, as a form of private ordering, has long been criticised for keeping important issues away from the public gaze. In relation to the big issues, mediation as we have known it has predominantly system maintenance functions, not dissimilar to equivalent DR procedures in traditional societies. A separating couple, for example, may agree on appropriate parenting arrangements for the children without redressing, or even addressing, past issues of abuse; franchisees may make a mediated exit from a franchise system without having received substantive justice on matters of misrepresentation, wage theft and inadequate franchisor support; new migrant workers may be compensated for injuries sustained in poorly-paid manual labour without any amelioration of the conditions for other workers in this sector; and a defamation action might be resolved between a celebrity and media proprietor without consideration of the media’s power and influence in society. In these cases, mediation can provide settlements, and sometimes justice for individuals and businesses involved, without providing communitarian changes or contributing to systemic benefits. This creates predicaments of conscience for some practising mediators.

Overhead view of stethescope on top of note pad

Here there might be an apposite analogy from the field of health science. Individual ‘private health’ treatment of those suffering from malaria, lung cancer, obesity or cardiac weakness does not itself diminish or remove the causes and incidents of the diseases in question. In relation to both communicable and non-communicable illness it is only ‘public health’ systems which can address systemic causes and symptoms and bring preventative measures into place in matters such as smoking, junk food and sugary drinks. Individual ‘private’ mediations, by analogy, have symptomatic and not systemic consequences and there is as yet a limited ‘public health’ role or application of mediation.

It can be contended, in defence, that mediation and conciliation do have systemic effects where statutory agencies nudge parties towards statutory norms, applicants feel empowered and respondents commit to redeeming their wanton ways, and there are, albeit remote, demonstrative effects for those outside the mediation room. Even in individualistic societies there are communal networks which transmit outcomes, lessons and messages. Nonetheless, individual private processes cannot alone change public communal factors and we consider in our next blog post how the elements of mediation might be used to address the big issues.

We welcome your comments and responses to these thoughts.

Laurence Boulle and Rachael Field

Image acknowledgement: https://www.123rf.com/stock-photo/crisis.html?sti=nd1ou56enpjuo4c7ma|; https://www.123rf.com/stock-photo/public_health.html?imgtype=0&oriSearch=crisis&sti=mxf449cbiav6j4hfk2|&mediapopup=84107140

NMC2019 – PhD Research Reports

NMC2019 logo and brand

The next National Mediation Conference will convene in Canberra on 15-17 April next year.  the Conference streams include one devoted to DR research: Research, Education, and Training: Building a rigorous research base for DR.  Although the stream will have a broad focus on the many facets of DR research and education, the Conference Design Committee is keen to provide an opportunity for conference delegates to gain an appreciation of what is happening in current DR research round Australia.  To this end, they have suggested that a specific session be included in that stream, and that it be dedicated to reports from current PhD candidates for whom some aspect of DR is the focus of their research.  The research project does not have to be completed in order to be included in the session.  Nor does participation in this session require the submission of a formal Abstract for the conference.

The session is expected to provide conference delegates with a sense of what is happening in DR research, and to provide current researchers with a sense of what their research colleagues are doing.

If you are a PhD candidate focusing on one or more aspects of DR and you would like to participate in this session, please email me directly at: alysounboyle@gmail.com   If you know someone else who is a PhD candidate and might be interested in participating, please encourage them to email me.

Conference website: https://nmc2019.com.au/

Alysoun Boyle, Chair, NMC2019 Conference Design Committee, Co-Convenor, NMC2019