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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in Australia: Development and Problems

Mediation in Australia: Development and Problems

(p.869) Chapter 17 Mediation in Australia: Development and Problems

Ulrich Magnus

Oxford University Press

Next to the United States, Australia has become a global forerunner in mediation law and practice. Mediation is officially seen in Australia as a preferred, cheaper and quicker alternative to traditional court litigation. There are a great number and variety of legislative acts providing for mediation, partly enabling courts to order mediation procedures against the will of the parties, partly requiring the parties' consent. Outside the courts, a whole mediation ‘industry’ has been established with many private organisations and institutions offering mediation services for any kind of dispute. Rather recently, national practice standards and a quality assurance organisation have been set up to try to safeguard and increase the quality of mediation services and the qualification of mediators.

Keywords:   Australia, mediation, mediation services, national practice standards, court litigation, quality assurance organisation, mediators

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