Mediation ethics in Australia : a case for rethinking the foundational paradigm

In contemporary Western society, including Australia, professional mediation practice has developed with a specifically defined foundational approach - a problem-solving, facilitative method, in which the mediator's intervention is centred on providing the parties with a series of formal steps to assist their communication and to steer them towards a self-determined and mutually agreeable resolution of the issues in dispute. Facilitative mediation developed, in part, as a response to the adversarial system of law and justice. In that system the parties are said to lose control of their dispute, and a decision is imposed on them which invariably puts one party in a losing position. Facilitative mediation has offered an alternative to this inevitable outcome by offering the parties a democratic, cost-effective, party-centred, empowering, interests-based and principled option for resolving their dispute.

Exploring the conditions to support assessment for more equitable learning outcomes

NAPLAN RESULTS HAVE gained socio-political prominence and have been used as indicators of educational outcomes for all students, including Indigenous students. Despite the promise of open and in-depth access to NAPLAN data as a vehicle for intervention, we argue that the use of NAPLAN data as a basis for teachers and schools to reduce variance in learning outcomes is insufficient. NAPLAN tests are designed to show statistical variance at the level of the school and the individual, yet do not factor in the sociocultural and cognitive conditions Indigenous students’ experience when taking the tests. We contend that further understanding of these influences may help teachers understand how to develop their classroom practices to secure better numeracy and literacy outcomes for all students. Empirical research findings demonstrate how teachers can develop their classroom practices from an understanding of the extraneous cognitive load imposed by test taking. We have analysed Indigenous students’ experience of solving mathematical test problems to discover evidence of extraneous cognitive load. We have also explored conditions that are more supportive of learning derived from a classroom intervention which provides an alternative way to both assess and build learning for Indigenous students. We conclude that conditions to support assessment for more equitable learning outcomes require a reduction in cognitive load for Indigenous students while maintaining a high level of expectation and participation in problem solving.

Young children's statistical reasoning : a tale of two contexts

This thesis explored the knowledge and reasoning of young children in solving novel statistical problems, and the influence of problem context and design on their solutions. It found that young children's statistical competencies are underestimated, and that problem design and context facilitated children's application of a wide range of knowledge and reasoning skills, none of which had been taught. A qualitative design-based research method, informed by the Models and Modeling perspective (Lesh & Doerr, 2003) underpinned the study. Data modelling activities incorporating picture story books were used to contextualise the problems. Children applied real-world understanding to problem solving, including attribute identification, categorisation and classification skills. Intuitive and metarepresentational knowledge together with inductive and probabilistic reasoning was used to make sense of data, and beginning awareness of statistical variation and informal inference was visible.

Imagining in the spatial design process

This thesis aims to expand our understanding of imagining in the spatial design disciplines of architecture and interior design. More than three decades after Lawson’s statement, the matter of “what goes on in a designer’s head”, or imagining and mental problem solving remains just as mysterious and just as pertinent, possibly more so given the social and environmental challenges facing humankind. The lines on a page, the small perspective sketches, the connection of lines and scrawled notes and other clues help us understand what may be going on in the mind of the architect or designer. However, how designers know that space intimately before it is built is not greatly understood and articulated – even by designers themselves. There is a gap in the market in terms of informed exploration of the thinking that occurs during the design process, and how this is translated into physical outcomes. In other words, what do we see in our mind’s eye during the design process? This thesis explores design thinking and design process; what we ‘see’ when we draw, what we ‘see’ when we design.

Mainstreaming therapeutic jurisprudence and the adversarial paradigm—incommensurability and the possibility of a shared disciplinary matrix

Problem-solving courts appear to achieve outcomes that are not common in mainstream courts. There are increasing calls for the adoption of more therapeutic and problem-solving practices by mainstream judges in civil and criminal courts in a number of jurisdictions, most notably in the United States and Australia. Currently, a judge who sets out to exercise a significant therapeutic function is likely to be doing so in a specialist court or jurisdiction, outside the mainstream court system, and arguably, outside the adversarial paradigm itself. To some extent, this work is tolerated but marginalised. However, do therapeutic and problem-solving functions have the potential to help define, rather than simply complement, the role of judicial officers? The core question addressed in this thesis is whether the judicial role could evolve to be not just less adversarial, but fundamentally non-adversarial. In other words, could we see—or are we seeing—a juristic paradigm shift not just in the colloquial, casual sense of the word, but in the strong, worldview changing sense meant by Thomas Kuhn? This thesis examines the current relationship between adversarialism and therapeutic jurisprudence in the context of Kuhn’s conception of the transition from periods of ‘normal science’, through periods of anomaly and disciplinary crises to paradigm shifts. It considers whether therapeutic jurisprudence and adversarialism are incommensurable in the Kuhnian sense, and if so, what this means for the relationship between the two, and for the agenda to mainstream therapeutic jurisprudence. The thesis asserts that Kuhnian incommensurability is, in fact, a characteristic of the relationship between adversarialism and therapeutic jurisprudence, but that the possibility of a therapeutic paradigm shift in law can be reconciled with many adversarial and due process principles by relating this incommensurability to a broader disciplinary matrix.

Complex Modelling in the Primary and Middle School Years : An Interdisciplinary Approach

The world’s increasing complexity, competitiveness, interconnectivity, and dependence on technology generate new challenges for nations and individuals that cannot be met by continuing education as usual. With the proliferation of complex systems have come new technologies for communication, collaboration, and conceptualisation. These technologies have led to signifi cant changes in the forms of mathematical and scientifi c thinking required beyond the classroom. Modelling, in its various forms, can develop and broaden students’ mathematical and scientific thinking beyond the standard curriculum. This chapter first considers future competencies in the mathematical sciences within an increasingly complex world. Consideration is then given to interdisciplinary problem solving and models and modelling, as one means of addressing these competencies. Illustrative case studies involving complex, interdisciplinary modelling activities in Years 1 and 7 are presented.

Scaffolding techniques : a teacher training for cooperative learning in Thailand primary education

Using cooperative learning in classrooms promotes academic achievement, communication skills, problem-solving, social skills and student motivation. Yet it is reported that cooperative learning as a Western educational concept may be ineffective in Asian cultural contexts. The study aims to investigate the utilisation of scaffolding techniques for cooperative learning in Thailand primary mathematics classes. A teacher training program was designed to foster Thai primary school teachers’ cooperative learning implementation. Two teachers participated in this experimental program for one and a half weeks and then implemented cooperative learning strategies in their mathematics classes for six weeks. The data collected from teacher interviews and classroom observations indicates that the difficulty or failure of implementing cooperative learning in Thailand education may not be directly derived from cultural differences. Instead, it does indicate that Thai culture can be constructively merged with cooperative learning through a teacher training program and practices of scaffolding techniques.

Not all dimensions of work self-efficacy are equal : understanding the role of tertiary work placements in the development of the elements of work self-efficacy

This paper examines the relationship between a final year tertiary work placement for criminology students at Griffith University in Brisbane and the development of their work self-efficacy. Using a work self-efficacy instrument developed by Professor Joe Raelin at Northeastern University in Boston, a pilot phase in 2006 and a larger study in 2007 investigated the students’ responses across seven self-efficacy factors of learning, problem-solving, teamwork, sensitivity, politics, pressure, and role expectations. Both studies utilised a pre- and post-test and comparisons between these indicated that they believed their abilities to participate constructively in their professional work contexts significantly improved as a result of their placement experience except in the areas of learning, teamwork and sensitivity. This finding will allow us to continue to refine the processes of work placements in order to ensure the integrity of this method for student learning.

Strategies for developing and delivering a parental physical activity intervention : answers to the what and how

Background Parents are at risk for physical inactivity; however, few studies have designed physical activity (PA) interventions specifically applied to individuals with young children. To ensure the effectiveness of interventions, it may be useful to first elicit the needs from the target population and incorporate salient strategies identified to the design and delivery of a resultant intervention. We aimed to explore strategies for what to include in and how to best deliver a program designed to increase parental PA. Methods Twelve parents (6 mothers, 6 fathers) of children younger than 5 years participated in focus group discussions exploring strategies for an intervention program designed to increase parental PA. Results A range of themes such as Focus on the Children and Flexible Life/Family Plans imbedded in strategies such as persuasion and information, problem-solving, skill building, and environmental approaches were identified. In addition, a range of strategies for how to best deliver a parental PA intervention evidenced in emerging themes such as Diverse and Brief and Individualized Approach was discussed. Conclusions Future research should continue to adopt a ground up, community-based approach to the development and implementation of interventions for this at-risk group to ensure sustained involvement in regular PA.

ESD starts where STEM stops : integrating the social sciences into STEM

The Earth and its peoples are facing great challenges. As a species, humans are over-consuming the Earth’s resources and compromising the capacity of both natural and social systems to function in healthy and sustainable ways. Education at all levels and in all contexts, has a key role in helping societies move to more sustainable ways of living. Two areas in need of catch-up in relation to Education for Sustainable Development (ESD) are early childhood education and teacher education. Another area of challenge for ESD is the way it is currently oriented. To date, a great deal of emphasis has been placed on scientific and technological solutions to sustainability issues. This has led to an emphasis on STEM education as education’s main way of addressing sustainability. However, in this paper it is argued that sustainably is primarily a social issue that requires interdisciplinary education approaches. STEM approaches to ESD - emphasising knowledge construction and problem-solving - cannot, on their own, deal effectively with attitudes, values and actions towards more sustainable ways of living. In China and Australia, there are already policies, frameworks, guidelines and initiatives, such as Green Schools and Sustainable Schools that support such forms of ESD. STEM educators need to reach out to social scientists and social educators in order to more fully engage with activist and collaborative educational responses that equip learners with the knowledge, dispositions and capacities to ‘make a difference’.

Modelling as a vehicle for philosophical inquiry in the mathematics curriculum

Philosophical inquiry in the teaching and learning of mathematics has received continued, albeit limited, attention over many years (e.g., Daniel, 2000; English, 1994; Lafortune, Daniel, Fallascio, & Schleider, 2000; Kennedy, 2012a). The rich contributions these communities can offer school mathematics, however, have not received the deserved recognition, especially from the mathematics education community. This is a perplexing situation given the close relationship between the two disciplines and their shared values for empowering students to solve a range of challenging problems, often unanticipated, and often requiring broadened reasoning. In this article, I first present my understanding of philosophical inquiry as it pertains to the mathematics classroom, taking into consideration the significant work that has been undertaken on socio-political contexts in mathematics education (e.g., Skovsmose & Greer, 2012). I then consider one approach to advancing philosophical inquiry in the mathematics classroom, namely, through modelling activities that require interpretation, questioning, and multiple approaches to solution. The design of these problem activities, set within life-based contexts, provides an ideal vehicle for stimulating philosophical inquiry.

The power of percent

Which statistic would you use if you were writing the newspaper headline for the following media release: "Tassie’s death rate of deaths arising from transport-related injuries was 13 per 100,000 people, or 50% higher than the national average”? (Martain, 2007). The rate “13 per 100,000” sounds very small whereas “50% higher” sounds quite large. Most people are aware of the tendency to choose between reporting data as actual numbers or using percents in order to gain attention. Looking at examples like this one can help students develop a critical quantitative literacy viewpoint when dealing with “authentic contexts” (Australian Curriculum, Assessment and Reporting Authority [ACARA], 2013a, p. 37, 67). The importance of the distinction between reporting information in raw numbers or percents is not explicitly mentioned in the Australian Curriculum: Mathematics (ACARA, 2013b, p. 42). Although the document specifically mentions making “connections between equivalent fractions, decimals and percentages” [ACMNA131] in Year 6, there is no mention of the fundamental relationship between percent and the raw numbers represented in a part-whole fashion. Such understanding, however, is fundamental to the problem solving that is the focus of the curriculum in Years 6 to 9. The purpose of this article is to raise awareness of the opportunities to distinguish between the use of raw numbers and percents when comparisons are being made in contexts other than the media. It begins with the authors’ experiences in the classroom, which motivated a search in the literature, followed by a suggestion for a follow-up activity.

Promoting Statistical Literacy Through Data Modelling in the Early School Years

This chapter addresses data modelling as a means of promoting statistical literacy in the early grades. Consideration is first given to the importance of increasing young children’s exposure to statistical reasoning experiences and how data modelling can be a rich means of doing so. Selected components of data modelling are then reviewed, followed by a report on some findings from the third-year of a three-year longitudinal study across grades one through three.

The development of an effective and efficient dispute resolution processes for strata scheme disputes in peninsular Malaysia

Dispute resolution in strata schemes in Peninsular Malaysia should focus on more than just "settlement." The quality of the outcome, its sustainability and its relevance in supporting the basic principles of a good neighbourhood and self-governance in a strata scheme are also fundamental. Based on the comprehensive law movement, this thesis develops a theoretical framework for strata scheme disputes within the parameters of therapeutic jurisprudence, preventive law, alternative dispute resolution (ADR) and problem-solving courts. The therapeutic orientation of this model offers approaches that promote positive communication between disputing parties, preserve neighbour relations and optimise people's psychological and emotional well-being.

goDesign Express 2011 Workshop

The goDesign Express 2011 Workshop was a design immersion workshop run by the Queensland University of Technology (QUT) Built Environment and Engineering Faculty during three weeks of 70-minute art class periods/sessions in August/September 2011 at Morayfield State High School, for 80 Grade 10 and 64 Grade 11 art students and two teachers, and October 2011 at Narangba Valley State High School for 60 Grade 10 and 30 Grade 11 art students and two teachers. Funded and administrated through QUT’s Widening Participation Program, which supports outreach activities to increase tertiary enrolments for under represented groups (such as low-SES, rural and indigenous students), the program utilised two activities from Day 1 of the highly successful 3-day goDesign Travelling Workshop Program for Regional Secondary Students (http://eprints.qut.edu.au/47747/). In contrast to this program, which was facilitated by two tertiary design educators, the goDesign Express 2011 Workshop was facilitated primarily by three tertiary interior design/architecture students, with assistance from a design educator. This action research study aimed to facilitate an awareness in young people, of the value of design thinking skills in generating strategies to solve local community challenges. It also aimed to investigate the value of collaboration between secondary school students and teachers, and tertiary design students and educators, in inspiring post-secondary pathways for school students, professional development for schoolteachers, and alternative career prospects and leadership skills for tertiary design students. During the workshop, secondary students and teachers explored, analysed and reimagined their local community through a series of scaffolded problem solving activities around the theme of ‘place’. Students worked individually and in groups designing graphics, fashion and products, and utilising sketching, making, communication, collaboration and presentation skills to improve their design process, while considering social, cultural and environmental opportunities for their local community. The workshop was mentioned in a news article in the local Caboolture Shire Herald newspaper.