Judicial Mediators: Is the Time Right? Part 1

Abstract

The issue of the appointment of judicial mediators has once again been raised - this time by the Victorian Attorney-General. But is the appointment of judicial mediators necessary at a time when managerial judging through active case management and lawyer led settlements are leading to the efficient disposition of cases in the civil courts? Part I of this article deals with defining judicial mediation then discusses why the judicial promotion of settlement is vital to the functioning of the judicial system. The paper then commences the detailed argument about the Constitutional validity of the appointment of judicial mediators and the legal and philosophical arguments that stem from that discussion. Part II of this paper will appear in the next edition of this journal and will conclude the discussion on Constitutional validity and discuss the positives and negatives of the appointment of judicial mediators. Finally, the conclusion will raise the issue of whether we need judicial mediators?

Keywords: dispute resolution, judicial mediators, mediation