> Invited Speakers Abstracts

Hallmarks of a narrative approach to mediation
John Winslade (PhD)
Associate Professor, California State University, San Bernardino

This presentation will address the distinctive hallmarks of a narrative approach to mediation in ways that help make clear distinctions from other approaches.  As well as being theoretically robust and socially just, the narrative approach to mediation is a distinctive method.  It has specific goals that are not just about doing deals and it has methods of shaping conversation to achieve these ends. It helps people separate themselves from conflict-saturated stories and gives them the opportunity to re-author relations in more peaceful, cooperative and respectful ways.  From this alternative relational position, the resolution of conflict can often happen much more smoothly and effectively than in traditional problem-solving approaches.

Mediation within Criminal Justice Systems Victim Offender Mediation and Restorative Justice in Europe
Prof. Dr.iur. Thomas Trenczek, M.A.1

Victim-Offender-Mediation (VOM) is a conflict resolving process which is offered to the parties of a dispute  leading to or arising from the commission of a crime. Mediation is used where it is needed most – in criminal relevant conflicts. With the assistance of a neutral third party (the mediator) the parties identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement, which often involves restitution. The mediator has no advisory or determinative role on the content of the dispute or the outcome of its resolution. VOM is not a completely new or unique process. It finds its roots in the way many indigenous cultures traditionally dealt with deviant, disruptive or victimizing behaviour within their  communities. VOM is just one but in the present European context the most important model of restorative justice. Restorative justice is seen as a broad approach to crime oriented towards repairing as far as possible the harm which it causes.

VOM is spreading rapidly and continually in European countries, however, we do find considerable diversity with regard to the scope of VOM (i.e. the number of referrals or the range of offences to be included), the degree of its being grounded in legislation, its community or its professional orientation. Further, there are some features of VOM in Europe that differ from the African, Anglo- Saxon or Asian approach. This pertains especially to the extent of activities in setting up VOMprograms or pilot projects, the extent of legislative activity, and the extent of professional training programs for mediators. The presentation will give an overview about the major features of VOM in Europe based on recent European wide stock taking in 25 countries.

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Online Dispute Resolution and the eBay Experience
Colin Rule
Director of Online Dispute Resolution for eBay and PayPal

Courts cannot handle online disputes. Judicial systems are slow, expensive, and geographically bound. Rapidly expanding e-commerce, the growth in cross-boundary transactions, and the inability of traditional legal processes to deal with disputes arising over the web has created a need for online redress options. The international consensus is that online alternative dispute resolution is the best solution to these problems. Online ADR (or “ODR”) can resolve online disputes quickly, confidentially, and effectively. It helps parties to be at their best, it connects capable neutrals with parties in effective ways, and it brings efficiencies to inefficient online marketplaces. In this session Colin Rule, the Director of Online Dispute Resolution at eBay.com and author of the book Online Dispute Resolution for Business, will provide an overview of this new area in the dispute resolution field and explain how eBay uses ODR tools and techniques to resolve more than 30 million disputes each year.
 

New Frontiers in Healthcare Mediation
Dr Marie Bismark
Senior Solicitor, Buddle Findlay, New Zealand

In the next 20 years, the nature of medicine will change in ways that few of us can imagine. Telemedicine – ranging from videoteleconferencing between psychiatrists and their patients to remote robotic surgery - has already begun to free patients from a geographic link to their doctors. Advances in the new biosciences are occurring at an equally rapid pace. Genetic tests are already available and their use will only increase over coming years.

Grievances are inevitable in this increasingly complex healthcare environment in which complications and unexpected outcomes are common. Yet, the regulatory environment seems unable to keep pace with the rate of change. Particularly in the area of telemedicine, considerable uncertainty exists over the liability of healthcare providers and the jurisdiction of the courts. Healthcare mediators can play a key role in resolving disputes in a way that benefits patients, doctors, and the broader healthcare system.

This presentation will explore some of the exciting new frontiers opening up in the field of healthcare mediation as a result of cutting edge developments in medical technology and the new biosciences.


Child Inclusive Divorce Mediation: Impacts for parents and children, three months post mediation
Jenn McIntosh
Family Transitions, 28 Princes St, Carlton North, Victoria, 3054

This paper outlines current data from an innovative longitudinal study, comparing the impacts of child focused and child inclusive mediation. The first, three month follow up data will be discussed, looking at outcomes for key variables such as conflict management, and parent and child well-being for the two groups of families involved. The findings are presented in light of current knowledge of the impacts on children of ongoing parental conflict, and challenges are posed about the potential of mediation to alter the nature of the presenting dispute.

The study has taken place over 3 years, conducted by Family Transitions and La Trobe University, with Relationships Australia (Canberra, Melbourne and Adelaide offices) the service provider. Funding for this study is through the Attorney General’s Department, Canberra.