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Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

Acknowledgements

Preface

List of tables and figures

Table of statutes

Table of cases

PART Ⅰ THE PRACTICE OF MEDIATION

　1 Mediation: Its Definition and History

　　Introduction

Defining mediation

　　　Mediation and negotiation

　　　　Negotiation defined

Adversarial negotiation

Principled negotiation

Mediation compared to negotiation

The link between mediation and negotiation

A brief history of mediation and ADR

Influential bodies

Professional or peak bodies

　Institute of Arbitrators and Mediators Australia (lAMA)

Australian Commercial Disputes Centre Limited (ACDC)

National Alternative Dispute Resolution Advisory Council (NADRAC)

Law societies and bar associations

Leading Edge Association of Dispute Resolvers (LEADR)

Community justice centres

Victorian Association for Dispute Resolution (VADR)

University research groups

Bond University

La Trobe University

University of Queensland

University of South Australia

University of Sydney

　2 The Mediation Process

　Introduction

Intake procedures

The classical model

　　The practical steps of the classical model

　　　Preparing for the mediation

　The opening statement

　The parties' opening statements

　 Identifying issues and interests

　 Identifying common ground

　Identifying options for early agreement

　 Separate sessions

　 Final joint meeting

　Writing up the settlement

　 Communication and associated problems

　Co-mediation

　Checklists and sample agreement

　3　The Theory and Philosophy of Mediation

　　Introduction

　　The form and function of mediation

　　The five philosophies of mediation

　　Confidentiality

　　Voluntariness

　　 Empowerment

　　 Neutrality

　　 A unique solution

　　Models of mediation

　　The facilitative model versus the evaluative model

　　 Transformative mediation

　　The effectiveness and appropriateness of mediation

　　When is mediation more likely to be effective and appropriate?

　　 When is mediation more likely to be ineffective and inappropriate?

　　The weaknesses of mediation

　4　Specific Types of Mediation

　　Introduction

　　Commercial mediation

　　Family mediation

　　Community mediation

　　Building and construction mediation

　　Health care mediation

　　Victim-offender mediation

　 　Foundations

　　 Theory

　 　 Australian practice

　　　The model

　5　The Mediator

　　Introduction

　　Mediator qualities

　　The mediator's role

　 　Quality control

　　　　……

PARTⅡ THE LAW OF MEDIATION

Bibliography

Index

David Spencer is a Solicitor of the Supreme Court of NSW and the High Court of Australia as well as being Senior Lecturer in the Division of Law at Macquarie University.

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