Rachael M. Field

A Feminist Model of Mediation that Centralises the Role of Lawyers as Advocates for Participants who are Victims of Domestic Violence

There are many aspects of mediation that support an analysis of the process as a feminist approach to dispute resolution. This analysis might be used in terms of justifying the increased use of mediation in family dispute contexts where the number of women disputants is high. Women who are victims of domestic violence, however, face many practical and process disadvantages in family law mediation, and whilst feminist scholarship has enabled a better understanding of the impact of domestic violence on a victim’s ability to participate effectively in mediation, the rates of participation remain high. This article considers some of the arguments for considering mediation as a feminist model of dispute resolution and contextualises those arguments in terms of their application to the participation of victims of domestic violence in mediation. The article argues that as victims of domestic violence increasingly find themselves in the mediation context, specific strategies are needed to protect their interests and ensure their safety. The article proposes a distinct model of family law mediation for matters where there is a history of domestic violence that centralises the role of a legal advocate for the victim.

Mediation and the Art of Power (Im)balancing

Some commentators on mediation purport to be tired of hearing about power imbalances and the inequities that can arise for women in mediated disputes as a result of them. I reject this attitude and aim in this article to continue the dialogue on power imbalances and mediation, particularly in the context of family disputes. Mediation theory as to the ability of mediators to redress power imbalances is questioned. Mediation is not completely rejected as a dispute resolution option for women on this basis, however. Rather a proviso is placed on its use, namely that women must always be given the opportunity to make a fully informed decision regarding the consequences of their participation and the disadvantages they may face as a result of power imbalances.

Protecting Australia's Children: A Cross-Jurisdictional Review of Domestic Violence Protection Order Legislation

Increasingly, domestic violence is being treated as a child protection issue, and children affected by domestic violence are recognised as experiencing a form of child abuse. Domestic violence protection order legislation – as a key legal response to domestic violence – may offer an important legal option for the protection of children affected by domestic violence. In this article, we consider the research that establishes domestic violence as a form of child abuse, and review the provisions of State and Territory domestic violence protection order legislation to assess whether they demonstrate an adequate focus on the protection of children.

Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR): An Australian pilot of a family mediation model designed for matters involving a history of domestic violence

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian governments failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.

Understanding the information experiences of parents involved in negotiating post-separation parenting arrangements

The paper presents findings from a study into the information experiences of people needing to make post-separation parenting arrangements. Data was collected from 20 participants, through in-depth, semi-structured, telephone interviews. Thematic analysis identified five major themes: Following, Immersion, Interpersonal, History and Context which depict the information experiences of the participants. The findings can be used as an evidence base to inform the design and delivery of support and services provided by government agencies and other community groups supporting the legal information needs of individuals and families. The work extends current understandings of information experience as an object of study in the information science discipline.

The ‘I BELONG IN THE LLB’ Program: Animation and promoting law student well-being

This article argues that the growing body of empirical evidence on law students’ high levels of psychological distress creates an imperative for curricular and extra-curricular strategies to address this issue. We highlight recent initiatives at QUT Law School designed to support law student well-being that are informed by insights from positive psychology. In particular, we explain our use of animation, which is an engaging medium to promote students’ appreciation of the importance of psychological well-being in law school and beyond.