Alternative ways to resolve a conflict

• Mediation overview
• Uses of mediation
• Common aspects of...
• Online mediation

Uses of mediation A core problem in the dispute resolution arise. process is the determination of what the dispute is actually about. Through the Native  Title  Mediation process of mediation participants can agree to the scope of the dispute or issues to be In response to the Mabo decision by the High resolved. Examples of this use of mediation Court of Australia the Australian Government in the Australian jurisdiction include sought to alleviate the concerns of a wide narrowing the scope of legal pleadings and section of the population and industry on the its use in industrial and environmental decisions implications on land tenure and use disputes. by enacting the Native Title Act 1993 (Cth). A cornerstone of the act is the use of Definition of the nature of a dispute can mediation as a mechanism to determine future often clarify the process of determining what native  title  rights  within  Australia. method  is  best  suited  to  its resolution. Although not barring litigation the Act seeks One of the primary uses of mediation is for to promote mediation through a process parties using the mediation process to define incorporating the Federal Court and the the issues, develop options and achieve a National Native Title Tribunal (NNTT). This mutually  agreed  resolution. is seen as having a better long tern success by providing flexible and practical solutions In Australia, mediation has been extensively to  the  needs  of  the various stakeholders. incorporated into the dispute settlement process of family law and the latest round of The extensive use of mediation in the reforms concerning industrial relations under resolution of native title matters does not the Work Choices amendments to the Workplace stop matters being referred to the courts for Relations  Act. resolution, nor is mediation precluded from occurring whilst legal challenges are being Where there is the prospect of an ongoing pursued. A recent case where Native Title disputation between parties brought on by rights were found exist over a large portion irreconcilable differences stemming from such of the City of Perth has seen the things as a clash of religious or cultural simultaneous use of mediation and formal beliefs mediation can be used as a mechanism legal  appeals  processes. to  foster  communication  and  interaction. A key feature of Native Title mediation is in Mediation is not only used as a tool for the use of Indigenous Land Use Agreements dispute resolution but also as a means of (ILUA’s). These binding agreements are dispute prevention. Mediation can be used to negotiated between native title claimant facilitate the process of contract groups and others such as pastoralists, negotiation by the identification of mutual miners and local governments and cover interests and the promotion of effective aspects of the use of the land and any future communication between the two parties. act  such  as  the granting of mining leases. Examples of this use of mediation can be seen in recent enterprise bargaining negotiations Some of the features of native title within  Australia. mediation which distinguish it from other forms include the likelihood of lengthy Mediation can also be used by governments to negotiation timeframes, the number of parties inform and seek input from stakeholders in ranging on occasion into the hundreds and formulation or fact seeking aspects of policy that some aspects of the negotiations are making. Mediation in wider aspect can also be constrained by statutory and case law used in to prevent conflict or develop prescriptions. mechanisms to address conflicts as they 1 A B C 38 39 41 42 43 44 45 46 47 48 49 50 51 52 54 55 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86