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).

Identity development in career-changing beginning teachers : a qualitative study of professional scientists becoming school teachers

This qualitative study provides a critical case to analyse the identity development of professionals who already have a strong sense of identity as scientists and have decided to relinquish their professional careers to become teachers. The study followed a group of professionals who undertook a one-year teacher education course and were assigned to secondary and middle-years schools on graduation. Their experiences were examined through the lens of self-determination theory, which posits that autonomy, confidence and relationships are important in achieving job satisfaction. The findings indicated that those teachers who were able to achieve this sense of autonomy and confidence, and had established strong relationships with colleagues generated a positive professional identity as a teacher. The failure to establish supportive relationships was a decisive event that challenged their capacity to develop a strong sense of identity as a teacher.

A holistic blended design studio model : a basis for exploring and expanding learning opportunities

While the studio environment has been promoted as an ideal educational setting for project-based disciplines, few qualitative studies have been undertaken in a comprehensive way (Bose, 2007). This study responds to this need by adopting Grounded Theory methodology in a qualitative comparative approach. The research aims to explore the limitations and benefits of a face-to-face (f2f) design studio as well as a virtual design studio (VDS) as experienced by architecture students and educators at an Australian university in order to find the optimal combination for a blended environment to maximize learning. The main outcome is a holistic multidimensional blended model being sufficiently flexible to adapt to various setting, in the process, facilitating constructivist learning through self-determination, self-management, and personalization of the learning environment.

A holistic blended design studio model : Exploring and expanding learning opportunities

This book involves a comprehensive study of the learning environment by adopting Grounded Theory methodology in a qualitative comparative way.It explores the limitations and benefits of a face-to-face and a virtual design studio as experienced by architecture students and educators at an Australian university in order to find the optimal combination for a blended environment to enhance the students’ experience. The main outcome:holistic multidimensional blended learning model,that through the various modalities,provides adaptive capacity in a range of settings.The model facilitates learning through self-determination,self-management,and the personalisation of the learning environment. Another outcome:a conceptual design education framework,provides a basic tool for educators to evaluate existing learning environments and to develop new learning environments with enough flexibility to respond effectively to a highly dynamic and increasingly technological world.The provision of a practical framework to assist design schools to improve their educational settings according to a suitable pedagogy that meets today’s needs and accommodates tomorrow’s changes.

Flourishing and video games

Studies dedicated to understanding the relationship between gaming and mental health, have traditionally focused on the effects of depression, anxiety, obsessive usage, aggression, obesity, and faltering ‘real life’ relationships. The complexity of game genre and personality aside, this review aims to define a space for a positive relationship between videogame play and wellbeing by applying current videogame research to the criteria that defines the wellbeing construct ‘flourishing’. Self- determination theory (SDT), and flow provide context, and areas of overlap are explored.

Human rights and environmental wrongs : achieving environmental justice through human rights law

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self‐determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

Factors affecting the motivation of TEFL academics in higher education in China

This study investigates the motivation of English language lecturers in a Chinese university. Recent studies have shown that low morale and job dissatisfaction are significant problems identified in lecturers who teach English in universities in China. Given the importance of teaching English as a second language in China, this problem has potentially significant ramifications for the nation’s future. Low staff morale is likely to be associated with less effective teaching and poor student learning outcomes. Although the problem is acknowledged, there has been limited research to understand the underlying contributing factors. To address this, a sequential explanatory mixed methods approach was adopted and implemented in two phases at a large regional university in Northern China. The participants in the main study were 100 lecturers from two colleges at this university. All of the lecturers were responsible for teaching English as a foreign language (TEFL); 50 were teaching English majors and 50 were teaching university students whose majors were not English. The research was informed by a synthesis of self determination theory and theories of organisational culture. The study found: 1) in contrast to previously reported studies, lecturers in this institution were in general autonomously motivated in teaching. 2) However, their level of motivation was influenced by their personal experiences and varied sense of competence, relatedness and autonomy. 3) In particular, personal experiences and contextual factors such as the influence of Chinese culture, societal context, and organisational climate were significant in regulating lecturers’ motivation to teach. The findings are significant for leaders in higher education who need to implement policies that foster effective work environments. The study has also provided insights into the capacity of self determination theory to explain motivation in a Chinese culture.

Nonlinear pedagogy underpins intrinsic motivation in sports coaching

A key challenge for sports coaches is to provide performers with learning environments that result in sustainable motivation. In this paper, we will demonstrate that programmes based around the principles of Nonlinear Pedagogy can support the three basic psychological needs that underpin self-determined motivation. Coaches can therefore ensure that practice sessions provide for intrinsic motivation with its associated motivational and emotional benefits.

Assessing coach motivation : the development of the Coach Motivation Questionnaire (CMQ)

The aim of this research was to develop and assess the psychometric properties of the Coach Motivation Questionnaire (CMQ). Study 1 focused on the compilation and pilot testing of potential questionnaire items. Consistent with self-determination theory, items were devised to tap into six forms of motivation: amotivation, external regulation, introjected regulation, identified regulation, integrated regulation, and intrinsic motivation. The purpose of the second study (N = 556) was to empirically examine the psychometric properties of the CMQ. Items were subjected to confirmatory factor analyses to determine the fit of the a priori model. In addition, the validity of the questionnaire was assessed through links with the theoretically related concepts of intrinsic need satisfaction, well-being, and goal orientation. Together with test–retest reliability (Study 3), these results showed preliminary support for the psychometric properties of the CMQ. Finally, using an independent sample (N = 254), the fourth study confirmed the factor structure and supports the use of the CMQ in future coaching research.

An intervention to improve motivation for homework

A repeated measures design, with randomly assigned intervention and control groups and multiple sources of information on each participant, was used to examine whether changing the method of delivery of a school’s homework program in order to better meet the students’ needs for autonomy, relatedness and competence would lead to more positive student attitudes to homework and whether there would also be a positive change in overall motivation. The participants were 104 male students aged 10 to 12 years who attended a single sex high school. There was no overall intervention effect on motivation; however, the intervention appeared to have a protective effect on the quality of motivation.

A social justice framework for safeguarding student learning engagement

The set of social justice principles and the Social Justice Framework (SJF), developed as resources for the sector as part of an Australian Government Office for Learning and Teaching project, adopt a recognitive approach to social justice and emphasise full participation and contribution within democratic society (Gale, 2000; Gale & Densmore, 2000). The SJF is contained within the major deliverable of the project, which is A Good Practice Guide for Safeguarding Student Learning Engagement (Nelson & Creagh, 2013) and is focused on good practice for activities that monitor student learning engagement and identify students at risk of disengaging in their first year. Examination of the social justice literature and its application to the higher education sector produced a set of five principles: Self-determination, Rights, Access, Equity and Participation. Each principle was defined and elucidated by a rationale and implications for practice, thus completing the SJF. The framework: reflects the notions of equity and social justice; provides a strategic approach for safeguarding engagement activities; and is supported by a suite of resources for practice and practitioners. The aim of this poster session is to engage in conversations about the SJF and how it might be applied to other types of student engagement activities critical to the first year of university life, such as orientation and transition programs, teamwork activities, peer programs and other academic support initiatives.

Communication choices to engage participation of rural Indonesian craftspeople in development projects

In participatory design projects, maintaining effective communication between facilitator and participant is essential. This paper describes the consideration given to the choice of communication modes to engage participation of rural Indonesian craftspeople over the course of a significant 3 year project that aims to grow their self-determination, design and business skill. We demonstrate the variety and subtlety of oral and written forms of communication used by the facilitator during the project. The culture, the communication skill and the influence of tacit knowledge affect the effectiveness of some modes of communication over the others, as well as the available infrastructure. Considerations are specific to the case of rural Indonesian craftspeople, but general lessons can be drawn.

Comprehensive primary health care: a pathway to social inclusion and improved health

Originating from the World Health Organization of alma Ata in 1978, the philosophy of Comprehensive Primary Health Care (CPHC) includes the interconnecting principles of equity, access, empowerment, community self-determination and intersectoral collaboration in order to achieve better health outcomes for all people. It encompasses addressing the social, economic, cultural and political determinants of health. CPHC when implemented correctly should lead to social inclusion. However, implementing CPHC is complex due to misunderstandings about what it encompasses and about how to achieve the intended goals. This workshop aims to explore a range of issues that are tackled through a diverse range of primary health care services that target: community health, youth mental health, HIV/AIDS, homelessness, and marginalised disadvantaged groups.

"Talking with lips" : settlement, transnationalism and identity of Karen people from Burma living in Brisbane, Australia

This thesis explores, from an anthropological perspective, the settlement of Karen people from Burma now living in Brisbane. It critiques settlement constructs reified by public policy and settlement model-building using narratives of the lived experience of settlement. It gives voice to a typically voiceless group of people and challenges traditional conceptions of people with refugee backgrounds as passive and vulnerable, by bringing their experiences from the periphery to the centre. It explores transnationalism, identity work and Karen organisations to demonstrate how settlement can be done both to people through policy and by people through agency and self-determination.

Positively playful : when videogames lead to player wellbeing

Videogames are an increasingly popular entertainment choice, yet we have a limited understanding of their potential wellbeing benefits. The current research used an online survey (N = 429) to investigate how gameplay choices and the psychological experience of gameplay impact on player wellbeing. Specifically, a hierarchical multiple regression was conducted to determine if, controlling for age and gender, current gameplay choices (amount of play, game genre, mode of play) and play experience (flow, psychological need satisfaction) predicted current wellbeing. Results indicated that age, social play, relatedness during gameplay and flow were positively associated with player wellbeing. Implications for our understanding of player wellbeing, as well as directions for future research are discussed.