Judicial mediation, the judicial process and Ch III of the Constitution

Date of this Version


Document Type

Journal Article

Publication Details

Citation only

Field, I. (2011). Judicial mediation, the judicial process and the Ch III of the Constitution. Australasian dispute resolution journal, 22(2), 72-83.

Access the publisher's website.

2011 HERDC submission. FoR code: 180123, 180104, 180108

© Copyright Thomson Reuters (Professional) Australia Limited, 2011




What is judicial mediation, and is it something that Australian judges can or should be doing? A number of commentators have addressed these questions, and a variety of conflicting views have been expressed. This article re-examines judicial mediation from a constitutional perspective. It demonstrates that judicial mediation will ordinarily satisfy the procedural requirements implied by Ch III, and that judges may therefore mediate as a function incidental to the exercise of judicial power. Even to the extent that judicial mediation might not, in practice, satisfy these requirements, it is argued that a constitutional challenge to legislation or rules of court implementing judicial mediation is unlikely to succeed.

This document is currently not available here.



This document has been peer reviewed.