03/06/2003 In Legal Advice, Mediation

Family Mediation: Under the Spotlight – Law Talk

By Deborah Clapshaw and Susan Freeman-Green The Hon Margaret Wilson has announced that mediation may be used to cope with a surging caseload for the courts caused by the Property (Relationships) Act which came into force on 1 February 2002. This announcement is yet another illustration of the government's recognition of the value of mediation as a dispute resolution tool. This time in the context of its particular appropriateness for family disputes. The spotlight is also being placed on mediation in the Law Commission's review on Family Court Dispute Resolution, where it is calling for submissions on a discussion paper considering possible systemic changes that would facilitate...

03/02/2003 In Legal Advice, Mediation

A Mediation Act: Do we need one?- AMINZ Conference Paper

Deborah Clapshaw & Susan Freeman-Greene A. INTRODUCTION 1. DO WE NEED MEDIATION LEGISLATION? This is a good topical question – but not an easy one. At first blush, as mediators, there seems a simple answer. We want mediation to flourish. Surely a law that facilitates, supports and regulates a dispute resolution process which has grown exponentially in use in the last decade could only consolidate further growth. However, a closer look suggests that mediation legislation might hamper the development of mediation. In the United States, Benjamin1 questions whether the recent Uniform Mediation Act 2001 is a Trojan Horse carrying within its belly notions that are likely to significantly alter the original...