Mediation in the Justice System – Considering the Evidence
Dr Emily Schindeler1
1Griffith University, Brisbane, Australia
Mediation, as a form of alternative dispute resolution, has become a mainstream component in the justice system. This includes where there is a potential risk of harm, in family disputes and in workplace conflicts. Benefits that have been ascribed to mediation include reducing costs associated with court and legal services, reducing the burden on courts, and offering a shorter period for resolution as well as enabling those involved to move forward from conflict. This would suggest that there is robust evidence supporting such claims and the performance of mediation in these quite different contexts. A review of empirical studies and reports conducted in the last decade has highlighted issues arising and gaps in evidence which have significant implications for additional research and practical development. Drawing from the evidence, this presentation has a focus on actions which will enhance performance, acknowledge practical limitations and clarify what are reasonable expectations for the role of mediation as part of the justice system.
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