Judicial mediation, the judicial process and Ch III of the Constitution
Field, I. (2011). Judicial mediation, the judicial process and the Ch III of the Constitution. Australasian dispute resolution journal, 22(2), 72-83.
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2011 HERDC submission. FoR code: 108123, 180104, 180108
© Copyright Thomson Reuters (Professional) Australia Limited, 2011
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.
Iain Field. "Judicial mediation, the judicial process and Ch III of the Constitution" Australasian dispute resolution journal 22.2 (2011): 72-83.
Available at: http://works.bepress.com/iain_field/3
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