Overview:

The session will focus on exploring the role of mediation in the context of justice and fairness, particularly in relation to civil dispute resolution in New Zealand. The speakers will address the omission of mediation and alternative dispute resolution in the "Improving Access to Civil Justice" report released by the Rules Committee in 2022. They will raise two important questions: Does mediation help or hinder access to civil justice, and should mediation concern itself with justice?

The session will explore how mediators should perceive their role in light of this evolving understanding of justice. They will question whether this "new justice" aligns with the concept of fairness and whether mediators should strive for substantive fairness in their practice.

Throughout the session, Hayden Wilson and Madison Dobie will share their expertise and insights, drawing on their experiences in the field of mediation and civil dispute resolution. They will present case studies, theoretical perspectives, and practical considerations to shed light on the relationship between compromise, justice, and fairness in the context of mediation.