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Research Project - Mediation in the Supreme and County Courts of Victoria

A research project into the use and effectiveness of mediation in the Supreme Court and the County Court of Victoria was commissioned by the Department of Justice. The project was undertaken by Professor Tania Sourdin and her research team at the Australian Centre for Peace and Conflict Studies at the University of Queensland (Melbourne campus) in 2007.

The final report including an evaluation model of the effectiveness of court ordered mediation was released on 1 April 2009.

Objectives

The project's specific objectives included developing:

  • agreed criteria for effectiveness of mediation in the higher courts
  • a model for use in the Supreme and County Courts, enabling effective evaluation of mediation compatible with the Integrated Courts Management System (ICMS) data warehouse architecture
  • an assessment of the process and effectiveness of mediation
  • the model for effective assessment of mediation in cases where proceedings have been instituted in the Supreme and County Courts, but where mediation has not been ordered by the court.

These objectives were addressed in consultation with the project’s advisory committee. The committee was chaired by Justice Kevin Bell, President of VCAT, and attended by Judge Sandra Davis of the County Court, and representatives from the legal profession and the Department of Justice.

Identified areas for improvement

Professor Sourdin identified the following areas for improvement, including:

  • improving the quality of mediation processes by supporting excellence in mediation standards
  • the need for training and accreditation of mediators
  • the need in appropriate cases for earlier and more targeted referral to mediation by the courts
  • identifying and addressing the needs of special groups including self-represented litigants and disputants from regional Victoria
  • addressing the lack of demographic data on dispute resolution processes
  • the need to develop a quality framework to be implemented by the courts and the Department of Justice to enhance the quality of mediation services.

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Author: Professor Sourdin
Place of Publication: Melbourne, Victoria
Publisher: Department of Justice
Date of Publication: March 2009
Number of Pages: 256
Copyright: State of Victoria, 2009.

Contacts

Mediation in the Supreme and County Courts of Victoria Research Project
Research Manager
Civil Law Policy
Department of Justice
Tel: (03) 8684 0858