Judicial mediation, the judicial process and Ch III of the Constitution

Iain Field

Research output: Contribution to journalArticleResearchpeer-review

Abstract

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 implementing judicial mediation is unlikely to succeed.
Original languageEnglish
Pages (from-to)72-83
Number of pages12
JournalAustralasian Dispute Resolution Journal
Volume22
Issue number2
Publication statusPublished - 2011

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