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Where am I now? Lawlink > Law Reform Commission > Publications > Report 67 (1991) - Training and Accreditation of Mediators

Report 67 (1991) - Training and Accreditation of Mediators


Table of Contents

Terms of Reference
Participants
Executive Summary

CHAPTER 1. INTRODUCTION
THE TERMS OF REFERENCE

    Consensual dispute resolution
BACKGROUND AND PURPOSE OF THE REFERENCE
    Critique not attempted
CONDUCT OF THE REFERENCE
THE REPORT
    Directory of Dispute Resolution

CHAPTER 2. CONSENSUAL DISPUTE RESOLUTION
THE PROBLEM OF DEFINITION
    Alternative dispute resolution
DESCRIBING CONSENSUAL DISPUTE RESOLUTION
    The rationale
PROCESSES OF CONSENSUAL DISPUTE RESOLUTION
    Exclusions
      Arbitration
      Case management procedures
      Administrative dispute processing
    Informal conflict resolution
OVERVIEW OF CONSENSUAL DISPUTE RESOLUTION
    Community mediation
    Family dispute resolution
    Commercial dispute resolution
    Court connected alternatives to litigation
      Federal Courts
      New South Wales Courts
      Other Australian jurisdictions
    Tribunals
    Administrative agencies
    Other initiatives
      Environmental mediation
      Industry dispute resolution
      Legal profession
CHAPTER 3. TRAINING
THE TERMS OF REFERENCE
NEED FOR TRAINING
    The arguments
    The Commission’s view
CURRENT TRAINING OPTIONS
    Community mediation
    Family dispute resolution
    Commercial dispute resolution
    Court and tribunal connected programs
    Tertiary institutions
OTHER ISSUES RELEVANT TO TRAINING
    Sources of training
    Tertiary institutions
    Who should be trained?
    The Commission’s view
    Selection criteria
    Nature of training courses
      Substantive knowledge
      Legal knowledge
PROBLEMS ASSOCIATED WITH TRAINING MEDIATORS
    No pedagogical tradition
    Interdisciplinary approach
    Need for theoretical base
    Skills training
    Ethics
TRAINERS

CHAPTER 4. REGULATORY POLICY
INTRODUCTION

    Forms of occupational regulation
POLICY GUIDELINES
THE PURPOSE OF MEDIATOR REGULATION
    Public benefit
    Private benefits
NEED TO REGULATE MEDIATORS
    Consumer protection
    The Commission’s conclusion
    Need for information
    The State’s responsibility
CONCLUSION
RECOMMENDATION

CHAPTER 5. APPROACHES TO OCCUPATIONAL REGULATION
PROFESSIONAL REGULATION MODEL

    Application to mediation
ALTERNATIVE MODELS OF GOVERNMENT REGULATION
    Consumer protection
    Specific legislation
    Administrative controls
    Vocational training regulation
LEGAL LIABILITIES
    Bases of legal liability
    Immunity
    The Commission’s view
    Confidentiality
    The Commission’s view
SELF-REGULATION
    Benefits
    Current approaches
    Submissions
    The Commission’s conclusions

CHAPTER 6. COURT AND TRIBUNAL CONNECTED DISPUTE RESOLUTION
RECOMMENDATIONS
    The rationale
PROGRAM OBJECTIVES
PROCESS
PROGRAM DESIGN
      Dispute Resolution Database
      Procedural guidelines
    Which disputes?
      Mandatory or voluntary?
    Program operation
    Personnel
      Judicial officers
      Public or private sector?
    Selection
    Training
    Funding
      Statefunding
CHAPTER 7. RECOMMENDATIONS FOR ADVISORY COUNCIL AND DATABASE
RECOMMENDATIONS
    The rationale
ADVISORY COUNCIL
    Membership
    Responsibilities and functions
    Organisation
THE DISPUTE RESOLUTION DATABASE
    Creation of the database
    Eligibility for inclusion
    Information on the database
    Management

Appendix A: Submissions Recieved
Appendix B: Community Mediation Services
Appendix C: Family Dispute Resolution
Appendix D: Commercial Dispute Resolution
Select Bibliography


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