Mediation History in Australia (PDF)

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MemorableMilkyWay

Uploaded by MemorableMilkyWay

The University of Queensland

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mediation history alternative dispute resolution Australian law dispute resolution

Summary

This document provides an overview of the history of mediation in Australia, highlighting key legislation and milestones in the development of alternative dispute resolution methods. It traces the evolution of mediation from its initial stages to its modern applications.

Full Transcript

Mediation history in Australia ============================== First nations DR -- essential given the several hundred different and mobile nations/language groups within Australia Informal tribunal and ombudsman systems inherited from English Law **1892** Courts of Conciliation Act (Qld) **1904*...

Mediation history in Australia ============================== First nations DR -- essential given the several hundred different and mobile nations/language groups within Australia Informal tribunal and ombudsman systems inherited from English Law **1892** Courts of Conciliation Act (Qld) **1904** (Cth) Arbitration and Conciliation Court calls for informal conferencing **1960s/1970s** interest in informal dispute resolution grows **1975** Family Law Act provides for counselling and conferences. Permitted the breakup of marriages without proof of fault. It built in the idea of conciliation conferences and child expert councillors in parenting cases **1975** Institute of Arbitrators Australia founded to address crippling legal disputes in the construction industry (now known as the Institute of Arbitrators and Mediators Australia -- IAMA) ADR processes still adversarial and do not provide for meaningful party autonomy. This was driven by the impact potential if these industries were to halt during a court battle **1980** Community Justice Centres Pilot commences in NSW (Vic 1987, Qld 1990) -- modelled on US community-based mediation services **1980s** Community Justice (mediation) centres established in most capital cities **1989** LEADR (Lawyers Engaged in Alternative Dispute Resolution) founded. Focus was to lobby for use of mediation within the legal system. Quite a revolutionary idea, focused on collaboration and the promotion of mediation as a meaningful part of practice **1990** \

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