An evaluation of the sustainability of agreements reached through mediations conducted by the dispute resolution centres of the Department of Justice and Attorney General, Queensland between 1999 to 2003

In 1990 the Dispute Resolution Centres Act, 1990 (Qld) (the Act) was passed by the Queensland Parliament. In the second reading speech for the Dispute Resolution Centres Bill on May 1990 the Hon Dean Wells stated that the proposed legislation would make mediation services available “in a non-coercive, voluntary forum where, with the help of trained mediators, the disputants will be assisted towards their own solutions to their disputes, thereby ensuring that the result is acceptable to the parties” (Hansard, 1990, 1718). It was recognised at that time that a method for resolving disputes was necessary for which “the conventional court system is not always equipped to provide lasting resolution” (Hansard, 1990, 1717). In particular, the lasting resolution of “disputes between people in continuing relationships” was seen as made possible through the new legislation; for example, “domestic disputes, disputes between employees, and neighbourhood disputes relating to such issues as overhanging tree branches, dividing fences, barking dogs, smoke, noise and other nuisances are occurring continually in the community” (Hansard, 1990, 1717). The key features of the proposed form of mediation in the Act were articulated as follows: “attendance of both parties at mediation sessions is voluntary; a party may withdraw at any time; mediation sessions will be conducted with as little formality and technicality as possible; the rules of evidence will not apply; any agreement reached is not enforceable in any court; although it could be made so if the parties chose to proceed that way; and the provisions of the Act do not affect any rights or remedies that a party to a dispute has apart from the Act” (Hansard, 1990, 1718). Since the introduction of the Act, the Alternative Dispute Resolution Branch of the Queensland Department of Justice and Attorney General has offered mediation services through, first the Community Justice Program (CJP), and then the Dispute Resolution Centres (DRCs) for a range of family, neighbourhood, workplace and community disputes. These services have mirrored those available through similar government agencies in other states such as the Community Justice Centres of NSW and the Victorian Dispute Resolution Centres. Since 1990, mediation has become one of the fastest growing forms of alternative dispute resolution (ADR). Sourdin has commented that "In addition to the growth in court-based and community-based dispute resolution schemes, ADR has been institutionalised and has grown within Australia and overseas” (2005, 14). In Australia, in particular, the development of ADR service provision “has been assisted by the creation and growth of professional organisations such as the Leading Edge Alternative Dispute Resolvers (LEADR), the Australian Commercial Dispute Centres (ACDC), Australian Disputes Resolution Association (ADRA), Conflict Resolution Network, and the Institute of Arbitrators and Mediators Australia (IAMA)” (Sourdin, 2005, 14). The increased emphasis on the use of ADR within education contexts (particularly secondary and tertiary contexts) has “also led to an increasing acceptance and understanding of (ADR) processes” (Sourdin, 2005, 14). Proponents of the mediation process, in particular, argue that much of its success derives from the inherent flexibility and creativity of the agreements reached through the mediation process and that it is a relatively low cost option in many cases (Menkel-Meadow, 1997, 417). It is also accepted that one of the main reasons for the success of mediation can be attributed to the high level of participation by the parties involved and thus creating a sense of ownership of, and commitment to, the terms of the agreement (Boulle, 2005, 65). These characteristics are associated with some of the core values of mediation, particularly as practised in community-based models as found at the DRCs. These core values include voluntary participation, party self-determination and party empowerment (Boulle, 2005, 65). For this reason mediation is argued as being an effective approach to resolving disputes, that creates a lasting resolution of the issues. Evaluation of the mediation process, particularly in the context of the growth of ADR, has been an important aspect of the development of the process (Sourdin, 2008). Writing in 2005 for example, Boulle, states that “although there is a constant refrain for more research into mediation practice, there has been a not insignificant amount of mediation measurement, both in Australia and overseas” (Boulle, 2005, 575). The positive claims of mediation have been supported to a significant degree by evaluations of the efficiency and effectiveness of the process. A common indicator of the effectiveness of mediation is the settlement rate achieved. High settlement rates for mediated disputes have been found for Australia (Altobelli, 2003) and internationally (Alexander, 2003). Boulle notes that mediation agreement rates claimed by service providers range from 55% to 92% (Boulle, 2005, 590). The annual reports for the Alternative Dispute Resolution Branch of the Queensland Department of Justice and Attorney-General considered prior to the commencement of this study indicated generally achievement of an approximate settlement figure of 86% by the Queensland Dispute Resolution Centres. More recently, the 2008-2009 annual report states that of the 2291 civil dispute mediated in 2007-2008, 86% reached an agreement. Further, of the 2693 civil disputes mediated in 2008-2009, 73% reached an agreement. These results are noted in the report as indicating “the effectiveness of mediation in resolving disputes” and as reflecting “the high level of agreement achieved for voluntary mediations” (Annual Report, 2008-2009, online). Whilst the settlement rates for the DRCs are strong, parties are rarely contacted for long term follow-up to assess whether agreements reached during mediation lasted to the satisfaction of each party. It has certainly been the case that the Dispute Resolution Centres of Queensland have not been resourced to conduct long-term follow-up assessments of mediation agreements. As Wade notes, "it is very difficult to compare "success" rates” and whilst “politicians want the comparison studies (they) usually do not want the delay and expense of accurate studies" (1998, 114). To date, therefore, it is fair to say that the efficiency of the mediation process has been evaluated but not necessarily its effectiveness. Rather, the practice at the Queensland DRCs has been to evaluate the quality of mediation service provision and of the practice of the mediation process. This has occurred, for example, through follow-up surveys of parties' satisfaction rates with the mediation service. In most other respects it is fair to say that the Centres have relied on the high settlement rates of the mediation process as a sign of the effectiveness of mediation (Annual Reports 1991 - 2010). Research of the mediation literature conducted for the purpose of this thesis has also indicated that there is little evaluative literature that provides an in-depth analysis and assessment of the longevity of mediated agreements. Instead evaluative studies of mediation tend to assess how mediation is conducted, or compare mediation with other conflict resolution options, or assess the agreement rate of mediations, including parties' levels of satisfaction with the service provision of the dispute resolution service provider (Boulle, 2005, Chapter 16).

Why do people ride on the footpath?

Recent increases in cycling have led to concerns about interactions between cyclists and pedestrians on footpaths and off-road paths. Much of the cycling research suggests that riding on the footpath is more dangerous than on the road. In most Australian jurisdictions, adults are only permitted to cycle on footpaths when accompanying a child. However, this rule does not apply in Queensland. This paper examines the predictors of footpath riding by adults in Queensland

Young People and Work

This edited book brings together empirical studies of young people in paid employment from a variety of disciplinary perspectives and in different national settings. In the context of increasing youth labour market participation rates and debates about the value of early employment, it draws on multi-level analyses to reflect the complexity of the field. Each of the three sections of the book explores a key aspect of young people's employment: their experience of work, intersections between work and education, and the impact of other actors and institutions. The book contributes to broadening and strengthening knowledge about the opportunities and constraints that young people face during their formative experiences in the labour market.

Social and emotional determinants of health

- describe what is meant by socioeconomic differences in health, and the social and emotional determinants of health - understand how health inequalities are affected by the social and economic circumstances that people experience throughout their lives - discuss how factors such as living and working conditions, income, place and education can impact on health - identify actions for public health policy-makers that have the potential to make a difference in improving health outcomes within populations - appreciate the concept of social cohesion and social capital, and their role as potential protective factors in health - understand conceptual models that can assist in analysing these issues.

A people-to-people recommendation system using Tensor Space Models

Existing recommendation systems often recommend products to users by capturing the item-to-item and user-to-user similarity measures. These types of recommendation systems become inefficient in people-to-people networks for people to people recommendation that require two way relationship. Also, existing recommendation methods use traditional two dimensional models to find inter relationships between alike users and items. It is not efficient enough to model the people-to-people network with two-dimensional models as the latent correlations between the people and their attributes are not utilized. In this paper, we propose a novel tensor decomposition-based recommendation method for recommending people-to-people based on users profiles and their interactions. The people-to-people network data is multi-dimensional data which when modeled using vector based methods tend to result in information loss as they capture either the interactions or the attributes of the users but not both the information. This paper utilizes tensor models that have the ability to correlate and find latent relationships between similar users based on both information, user interactions and user attributes, in order to generate recommendations. Empirical analysis is conducted on a real-life online dating dataset. As demonstrated in results, the use of tensor modeling and decomposition has enabled the identification of latent correlations between people based on their attributes and interactions in the network and quality recommendations have been derived using the 'alike' users concept.

Influencing the experience of people in urban public places through mobile mediated interactions

This paper introduces our research on influencing the experience of people in urban public places through mobile mediated interactions. Information and communication technology (ICT) devices are sometimes used to create personal space while in public. ICT devices could also be utilised to digitally augment the urban space with non-privacy sensitive data enabling mobile mediated interactions in an anonymous way between collocated strangers. We present what motivates the research on digital augmentations and mobile mediated interactions between unknown urban dwellers, define the research problem that drives this study and why it is significant research in the field of pervasive social networking. The paper illustrates three design interventions enabling social pervasive content sharing and employing pervasive presence, awareness and anonymous social user interaction in urban public places. The paper concludes with an outlook and summarises the research effort.

The white man's burden : patriarchal white epistemic violence and Aboriginal women's knowledges within the academy

In this article I reveal how texts produced by Aboriginal women scholars signify a racialised and gendered body that functions discursively, as an immediacy of racism in the form of white patriarchal epistemic violence (Lloyd 1991, 74). I demonstrate how this dominant racialised and gendered form of violence is an assertion of power that involves or arises from racialised knowledge by examining Dirk Moses' analysis of ‘Indigeneity’ via the Northern Territory Intervention (Spivak 1988).

Stomp : an interactive platform for people with intellectual disabilities

For people with intellectual disabilities there are significant barriers to inclusion in socially cooperative endeavours. This paper investigates the effectiveness of Stomp, a tangible user interface (TUI) designed to provide new participatory experiences for people with intellectual disability. Results from an observational study reveal the extent to which the Stomp system supports social and physical interaction. The tangible, spatial and embodied qualities of Stomp result in an experience that does not rely on the acquisition of specific competencies before interaction and engagement can occur.

Setting a new agenda: Developing an Aboriginal and Torres Strait Islander women's health strategy

The Australian National Aboriginal and Torres Strait Islander Women’s Health Strategy was developed to reflect the health priorities of Aboriginal and Torres Strait Islander women, as identified by Aboriginal and Torres Strait Islander women themselves. This article describes the process used by the Australian Women’s Health Network to develop the strategy. The women involved in the research used the talking circle method and engaged with Aboriginal and Torres Strait Islander women through a process referred to as ‘talkin’ up’, where women ‘talk back’ to one another about issues that matter to them. In this article, we describe the power of the talkin’ up process, as a way for Aboriginal and Torres Strait Islander women to identify their own issues, discuss them in context and talk in a culturally safe environment. The strategy which emerged from this process is an accurate reflection of the issues that are important to Australian Indigenous women and highlights the improvements needed in Aboriginal and Torres Strait Islander women’s health to strengthen and underpin women’s health, Indigeneity and their sense of well-being as Aboriginal and Torres Strait Islander women.

Exploring Indigenous social attitudes and priorities in Australia

Given significant government attention to, and expenditure on, Indigenous equity in Australia, this article addresses a core problem: the lack of a sound understanding of Indigenous social attitudes and priorities. An account of cultural theory raises the likelihood of difference in outlook between Indigenous and non-Indigenous people, including those making and implementing policy. Yet, years of scholarly research and official statistical collections have overlooked potentially critical aspects of Indigineity. Suggestions of difference emerge from reference to the 2007 Australian Survey of Social Attitudes (AuSSA). If the attitudes recorded a small sample in this instrument manifest in the Indigenous population at large, policy priorities and directions should be reviewed and possibly revised. Despite inherent methodological difficulties, the article calls for targeted social attitude research among Australia's Indigenous peoples so that future policy can be better oriented and calibrated. The national benefits would outweigh the costs via better directed policy making.

Oodgeroo : bloodline to country

In 2009, the researcher acted as director and dramaturg for the development of Sam Watson’s play, Oodgeroo: Bloodline to Country, culminating in a season at La Boite Theatre. This project represents the first time notions of Aboriginal politics were seriously questioned. It aimed to illuminate a key divide in the way Australian indigenous people, and the wider Australian community, deal with issues of grief and outrage – the way of resistance and revolution, or the way of reconciliation and education. The work sought to combine specific cultural artefacts belonging to the Noonuccal people and the family of Oodgeroo of the Noonuccal (Kath Walker) with traditional and contemporary ideas and performance forms.