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Questions and Answers
Which Australian state first introduced the Community Justice Centres Pilot?
Which Australian state first introduced the Community Justice Centres Pilot?
The Family Law Act of 1975 allowed for divorce only if one party could prove the other was at fault.
The Family Law Act of 1975 allowed for divorce only if one party could prove the other was at fault.
False
What was the primary focus of LEADR when it was founded in 1989?
What was the primary focus of LEADR when it was founded in 1989?
To lobby for the use of mediation within the legal system.
The Institute of Arbitrators Australia, now known as IAMA, was initially founded to address legal disputes in the __________ industry.
The Institute of Arbitrators Australia, now known as IAMA, was initially founded to address legal disputes in the __________ industry.
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Match the following years with the corresponding event related to the history of mediation in Australia:
Match the following years with the corresponding event related to the history of mediation in Australia:
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Study Notes
Mediation History in Australia
- First Nations dispute resolution crucial due to diverse nations/language groups
- Informal tribunals and ombudsman systems, inherited from English law
- 1892: Courts of Conciliation Act (Queensland)
- 1904: Commonwealth Arbitration and Conciliation Court, advocating for informal conferencing
- 1960s/1970s: Increased interest in informal dispute resolution
- 1975: Family Law Act, incorporating counselling/conferences, non-fault divorce, and conciliation in child custody cases
- 1975: Institute of Arbitrators Australia (now IAMA) founded, addressing legal disputes in the construction industry
- 1980s: Community Justice Centres (NSW, Vic, Qld), modelled on US community-based mediation
- 1980s: Capital city establishment of Community Justice (mediation) centers
- 1989: Establishment of LEADR (Lawyers Engaged in Alternative Dispute Resolution), promoting mediation within the legal system
- 1990: Less than 10 statutes referencing mediation, but 1990 Dispute Resolution Centres Act in Queensland established a Community Justice Program
- 1991: Courts (Mediation and Arbitration) Act, mandating voluntary (and since 1997, mandatory) mediation in the Federal Court.
- 1993: Administrative Appeals Tribunal (Cth) introduced mediation conferences
Further Developments
- 1994: Farm Debt Mediation Act (NSW), enabling mediation in farm mortgage-related disputes. Long-standing effective mediation in this area.
- 1995: Family Law Reform Act (Cth), highlighting the centrality of primary dispute resolution.
- 1996: Native Title Act (Cth) amendments emphasized mediation before the Native Title Tribunal.
- 1996: Workplace Relations Act (Cth) first explicitly referred to mediation in industrial disputes.
- 1999: Introduction of UCPRS (likely an acronym for a program, but its exact definition is not available from the text)
- 2000: More than 100 Acts nationally mention mediation, including in court rules/tribunals. Increase noted.
- 2000-2001: National Alternative Dispute Resolution Advisory Council (NADRAC) considering national mediation standards and creating framework for ADR in family law.
- 2006: Pre-filing mediation mandated in family law parenting matters.
- 2008: National Mediation Accreditation Standards (Facilitative Model) established; Recognized Mediator Accreditation Bodies expanded.
- 2015: IAMA and LEADR merged to form the Resolution Institute.
- 2021: ADRAC published a conciliation report.
- 2023: Review of National Mediation Accreditation Standards (NMAS)
- 2024: Australian Mediation and Dispute Resolution Accreditation Standards (AMDRAS) introduced (with advanced mediation and conciliation).
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Description
Explore the development of mediation practices in Australia, focusing on the pivotal role of First Nations dispute resolution and the evolution of informal and legal frameworks. This quiz covers key milestones from the introduction of the Courts of Conciliation Act in 1892 to the establishment of mediation organizations in the late 20th century.
