2014 Craig Jones Mediation and Development; Court based mediation in PNG
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Mediation and Development: Theory and Practice of court-based mediation in PNG
Craig Jones PNG Accredited Mediator Judge Ambeng Kandakasi National and Supreme Court Judge PNG National Mediation Conference 9 September 2014
Introduction: What story to tell?
There’s a bigger story than just resolving conflicts
Development is a bigger story
Can mediation play a role in national development?
Mediation is a form of SOCIAL ENTERPRISE that enables communities, regions and even states to achieve development outcomes
This presentation addresses the what, the who and how of court-based mediation in PNG
A prayer?
Would you? Could you?
Some definitions
This is the theory bit
Social enterprise – A form of collective work or process designed to achieve a social outcome
SE characteristics - part of the new economy- sites are distributed - distributed network - trust is a key item of exchange - risk ID and management are important – decision-making is a product – participants are involved in a service journey
PNG style
There is a mediation system including regulations and case law
PNG possesses a structured national and consistent mediation system
4 years of practice
Broad scope – topic and geography
Resilient – participants regularly say it’s a good thing – it served their needs
Running at altitude
More mediation in PNG
The service pathway – court – order – mediation – agreement – order
Some matters are commercial or family
Many matters are environmental/resources/agricultural – many parties/on location/can be 1000’s
Training and proficiency
Party?
Method
Facilative or interest-based and directive
Tok Pisin Mediation Steps
Steps: Intake, What issues come from stories?; What questions come from issues?; What options come from exploration of issues?; What values help with choosing the options? Checking the detail helps make an agreement? An agreement helps resolve the court matter with an order.
Tok Pisin Mediation Steps
Tokautim pasim lo bolo mediation
Stori bolo wanpela wanpela wantaim mediator
Tokim stori bolo yu
Kamautim ol bel hevi
Tok stret na tok tru lo ol hevi
Painim ol rot lo stretim
Painim ol rot lo stretim
Tok Pisin
Sikelim ol rot wantaim olgeta
Sikelim ol rot wantaim wanpela wanpela
Na wan bel lo wanpela wea igut
Sainim pepa long makim wan bel
Mediation work
What is a mediation story?
Resources or infrastructure - 20 000 people?
Who should participate? Who should decide?
What about violence? What about safety?
What about women?
What about time? 17years v 5 days
Practice: Record, theatre, humour, many days
Fan Belt?
Ethics
Mediator must be useful (time cost process)
Leave behind more value than you take out (payment exchange governance possibility)
Utilitarian (sustainability)
Do no harm ( leave your bags at home)
Settlement
Settlement allows for clear decision-making
Settlement allows for generational transfer
Settlement manages opportunistic behaviour
Settlement requires a decision and commitment
Conflict provides the opportunity
Risk created by conflict is managed effectively allowing for social and capital investment
Difficult Terrain
Conclusion
Mediation is important
Mediation can contribute to development
Mediation is not just a process perform by rote
Mediation is a social enterprise using design principles, ethics and theatre to produce durable outcomes that support communities to achieve a chosen future
It all takes energy
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