Mediation, as a prominent 'alternative dispute resolution' (ADR) process, has been spreading across various legal jurisdictions in Australia and overseas. Because both the process and the outcome are seen to be 'owned' by the disputants, it has been assessed by Australian governments as being appropriate to the decentralised industrial relations systems developed in the 1990's. This led to proposals to create independent mediation services that would supplement the conciliation-arbitration service available in the Federal and South Australian industrial relation commissions. This study canvassed these proposals in light of the various benefits claimed for mediation and explored the confused usage of the terms mediation and conciliation in relation to industrial disputes. The specific focus, however, was to examine the possible effect of the imbalance of power inherent in the employer-employee relationship upon the fairness of outcome from mediation - and how the method of paying the mediator might impact upon this fairness. / Thesis (MConflictManagement)--University of South Australia, 2002.
| Identifer | oai:union.ndltd.org:ADTP/267911 |
| Creators | Joyce, Henry David |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | copyright under review |
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