Burial Rites Mediation between Aboriginal Clans

A scenario
The body of the deceased from a remote community is in the mortuary in under the control of the Coroner
Family members contact the Coroner separately:

1. The father of the deceased  seek release of the body to be buried according to tradition on the land of the deceased birth.
2. The spouse of the deceased (who comes from another clan group) seeks the body of the deceased to be released on their land 

The above parties end up in conflict over who has the stronger legal authority as senior next of kin as an indigenous person

Rock, Paper, Scissors Alternate Dispute Resolution

Recently a federal judge from Orlando, Florida, brought the children’s game of Rock, Paper, Scissors commonly known in Japan as Janken-pon じゃんけんぽんto national attention...

Norwegian Restorative Lessons from Cardamom Town

I was recently gifted a lovely copy of When the Robbers Came to Cardamom Town (1955) (orig. Norwegian Folk og røvere i Kardemomme by) written and illustrated by Thorbjørn Egner, which tells the crime spree in the peaceful town of Kardemomme (Cardamom Town).

Musashi 武蔵 a samurai warrior and mushin 無心 the state of "no-mindedness"

It is not uncommon for parties you are in a high state of anxiety and may pick a fight with any one - even you as a mediator - because of the high level of anxiety as a reult of the conflict they are involved in.

So does a mediator buy in to their conflict?

Aikido and the Mediator mindset

The parties control the content - but the mediator controls the process

You may recall hearing this phrase as part of the mediation training – or may have used this as part of the ‘welcome stage’ or in premeditation.

So let’s have a look at a Japanese martial art called Aikido and compare the philosophy to mediation process.

For those people not familiar with Aikido a useful starting point have a look at Alan Roberts Sensei from Auckland 

Can mediation be used for everything?

An interesting question was raised today at a seminar ... can mediation be used for every type of dispute?
Much is available on-line about where it can be used. Between School Kids - yes; Between a convicted murder and the victims family - yes; mining company and indigenous people - yes; between 2 political parites - shoud happen more often; between two warring nations - yes; Mel Gibson and his ex-girlfriend Oksana Grigorieva - you bet!

So when is it just not possible to set up a mediation?

Paul Rusesabagina

Today I wanted to explore a particular scene from a film that captures what mediators witness that subtle but powerful moment when parties dynamics and the conflict suddenly transforms into solution in the  in the room.

Face to Face - "justice for a new generation"- an Australian Restorative Film

Face to Face (2011)
The release of Micheal Rymer's low budget film of an adaptation of the acclaimed Australian play write  David Williamson - Face to Face could not have been better timed considering some of the recurring debate in Australia over overly simplistic "tough on crime" criminal sentencing sought by  shock-jocks and political factions.

Face to Face conducts an insightful study into human behaviour, how situations spiral out of control, the shifting nature of guilt, culpability and victimisation by integrating a solid script that draws together strong characters and clever flashbacks about workplace bullying, perceptions of criminal act, pack male behaviour, racism, worker exploitation, infidelity, class conflict and domestic violence.

Origins of Conflict ... it was about "nothing" ?

"Hostility between the Stevens and the Drapers was sparked by an argument on the basketball court.

It involved Jade Draper and Sarah Stevens. The precise subject of the argument is lost in time....

Your perceptions

As a practitioner we are always challenged by our bias, values and even tempted to persuade outcome for the parties.

I have been noticing these clever ads (for a bank that I am in not consciously trying to endorse) posted around the airports lately - how do the pictures talk to you?

Did I hear you properly? - How a holiday turned into 10 years jail

How four suitcases of heroin turned a five-day dream holiday to Melbourne into 10 years behind bars and the important role  of culturally appropriate interpreters.

Ho’oponopono and Seigi

Today, I was flicking reflecting on some of Dr Peter Adler's paper from the Keystone Centre who headed up the a Hawaiian mediation service much like the one I am currently employed in when I found a partucular section on Hawaiian practice of reconciliation and forgiveness called Ho'oponopono that caught my attention....

Ponki Mediation training pays dividends

Yesterday, the Ponki (Tiwi) mediators who participated in the CJC/NAAJA mediation workshop in Nguiu on Bathurst Is last November (graduation picture below) completed their first (multi-sessional) Correctional Centre Mediation Conferencing Program (program) that involved an offender who has spent the last 19 years behind bars for killing his wife and the family of the deceased.