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Mediation in the Supreme and County Courts of Victoria Research Project

A research project into the use and effectiveness of mediation in the Supreme Court and the County Court of Victoria was commissioned by the Victorian Department of Justice to be 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 launched by Deputy Premier and Attorney-General, the Honourable Rob Hulls MP on 1 April 2009.

Objectives

The project, which commenced in late 2007, had the following specific objectives:

  1. to develop agreed criteria for effectiveness of mediation in the higher courts
  2. to develop a model for use in the Supreme and County Courts which enables effective evaluation of mediation compatible with the Integrated Courts Management System (ICMS) data warehouse architecture
  3. to assess the process and effectiveness of mediation
  4. to develop and use 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.

The project objectives were addressed using a consultative process 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, as well as representatives from the legal profession and the Department of Justice.

Identified areas for improvement

Professor Sourdin identified specific 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.

The Department of Justice is currently considering these recommendations in consultation with the courts and the profession.

For more information about the report, contact the Manager, Civil Law Reform Project, Department of Justice, on ph: (03) 8684 0858.


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