Mediation in Australia

"Mediation in Australia" by Laurence Boulle and Rachael Field is a comprehensive book that focuses on the essential themes and issues necessary for effective mediation practice in Australia. Here is a detailed overview:

Key Themes

1. Established Place of Mediation in Law: The book explores the role of mediation in contemporary legal practice, highlighting its significance and integration into the legal system.
2. Core Values and Theories: It delves into the underlying values and theories that guide mediation, providing a foundational understanding of the principles that underpin the process.
3. Mediation Procedures: The book details the procedures involved in mediation, including the roles of participants and representatives, and the steps taken during the mediation process.
4. Modern Practice in Australia: It examines the current practices of mediation in Australia, including the elements that make modern mediation effective and efficient.
5. Regulatory Framework: The authors discuss the laws and court decisions that regulate aspects of the mediation process, ensuring that practitioners understand the legal context in which they operate.
6. Quality, Standards, and Accountability: The book addresses critical issues related to quality, standards, and accountability in mediation, emphasizing the importance of training, accreditation, and ethical standards.
7. Future Directions: It also explores future directions for mediation practice, including comparative developments and emerging trends in the field.

Plot Summary

The book is structured to provide a comprehensive guide for practitioners, teachers, and legal professionals involved in mediation. It covers various aspects of mediation, including:

1. Identifying Mediation: An introduction to what mediation is and its place in the legal system.
2. Values and Objectives of Mediation: Exploring the core values and objectives that underlie mediation.
3. Mediation Procedures: Detailed explanations of the steps involved in the mediation process.
4. Roles and Functions in Mediation: The roles of participants, mediators, and other stakeholders.
5. Comparative Perspectives on Mediation: Comparing Australian mediation practices with international standards.
6. Expanding the Mediation Knowledge Base: Discussing new developments and research in the field.
7. Mediation, Justice, and the Legal System: Examining how mediation fits into the broader justice system.
8. Mediation Quality and Ethics: Focusing on training, standards, and accreditation.
9. Mediation in Courts and Tribunals: The role of mediation within court and tribunal settings.
10. Confidentiality, Privacy, and Privilege in Mediation: Addressing critical issues related to confidentiality and privacy.
11. Mediator Liability and Immunity: Exploring the legal liabilities and immunities of mediators.

Critical Reception

The book has been well-received for its comprehensive coverage of mediation in Australia. It is considered an authoritative text in the field, particularly for its detailed analysis of the legal facets of mediation practice. The inclusion of comparative perspectives and future directions makes it relevant not only for Australian practitioners but also for those internationally.

The book's structure and content are praised for their clarity and depth, making it essential reading for teachers, students, practitioners, judges, tribunal members, lawyers, and other legal officials involved in mediation and conciliation.

Publication Details

• Title: Mediation in Australia
• Authors: Laurence Boulle, Rachael Field
• Publisher: LexisNexis Butterworths Australia
• Publication Date: 2018
• ISBN: 9780409347364 (paperback)
• Format: Book
• Pages: xxxii, 459 pages

Overall, "Mediation in Australia" by Laurence Boulle and Rachael Field is a seminal work that provides a thorough understanding of mediation practices in Australia, making it a valuable resource for anyone involved in dispute resolution.