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Mediation Trends In Australia - Déjà Vu And Innovation

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Chapter Summary

In Australia a notorious underworld figure, recently acquitted of the murder of an underworld hit man, conducts a service advertised as Arbitration and Mediation Services. Emerging from being considered an arcane art with connections to the after-life or yoga, mediation became the flavor of the decade in Australia in the 1990s. Well-organized intake can minimize what has been called "data chaos" at the mediation. This observation particularly applies to self-represented litigants. In relation to the sexual abuse cases, we agreed that different people would be involved in the apology and in a different room. Tapoohi v. Lewenberg is the first and only case in Australia considering the legal basis of mediator liability. The mediator was a senior commercial barrister with extensive experience as a mediator and arbitrator. Mediation is now in the mainstream of dispute resolution methods in Australia.

Keywords: Arbitration; Australia; barrister; Lewenberg; mediation; mediator; sexual abuse cases; Tapoohi



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