Mediation in the Supreme and County Courts of Victoria

Abstract

The aim of this research project was to assess the use and effectiveness of mediation disputes filed in the Supreme and County Courts of Victoria, Australia. The report assesses the use and effectiveness of mediation in the Supreme and County Courts.

In summary, the report found that mostly mediation meets identified objectives. Many disputants and representatives were supportive of mediation processes and felt that the outcomes were mutually beneficial. The report found that there are significant estimated costs savings for disputants where mediation processes are utilised.

Professor Sourdin identified specific areas for improvement, including: improving the quality of mediation processes by supporting excellence in mediation standards; the need for training and accreditation of mediators; the need in appropriate cases for earlier and more targeted referral to mediation by the courts; identifying and addressing the needs of special groups including self-represented litigants and disputants from regional Victoria; addressing the lack of demographic data on dispute resolution processes; and the development of a quality framework to be implemented to enhance the quality of mediation services.

Keywords: mediation, evaluation, research, accreditation, quality, empirical research, court based mediation, alternative dispute resolution, ADR

JEL Classification: L41