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Judicial Mediation And Competition For Clients And Government Funding Among Dispute Resolution Providers, John Wade
John Wade
Extract: The aim of this paper is to describe “judicial mediation”—what is it?; describe the general competition for clients and government funding between dispute resolution services – including to some extent, judicial mediation; set out the possible advantages and disadvantages of judicial mediation for both disputants and society—either as a diagnostic or competitive guide; and, despite lurking or actual competition, tentatively confirm a role for judicial mediation.
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field
Iain Field
What is judicial mediation, and is it something that Australian judges can or should be doing? A number of commentators have addressed these questions, and a variety of conflicting views have been expressed. This article re-examines judicial mediation from a constitutional perspective. It demonstrates that judicial mediation will ordinarily satisfy the procedural requirements implied by Ch III, and that judges may therefore mediate as a function incidental to the exercise of judicial power. Even to the extent that judicial mediation might not, in practice, satisfy these requirements, it is argued that a constitutional challenge to legislation or rules of court …