Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?
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O'Leary, Patrick
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Abstract
The findings of the Royal Commission into Institutional Responses to Child Sexual Abuse, and the subsequent amendment of state legislation have reduced barriers to civil actions for compensation for harm done to children in state institutional care. Mediation will be a common forum for the resolution of these disputes. Survivors of sexual abuse in state care have specific vulnerabilities in these mediations. Without mediators having adequate training, skills and knowledge in dealing with complex trauma and sensitivities to power imbalance among the parties caused by cumulative disadvantage, outcomes may be compromised. This article explores the literature and research into the unique profile of this cohort of plaintiffs and the uniqueness of these mediations, and concludes that they have special needs. Questions of justice and fairness are raised, together with ethical, regulatory and future research considerations.
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Australasian Dispute Resolution Journal
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30
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2
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© 2020 Thomson Reuters. This article was first published by Thomson Reuters in the Australasian Dispute Resolution Journal and should be cited as (2020) 30 ADRJ 105. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
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Criminology
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Government & Law
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Mc Donald, LM; O'Leary, P, Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?, Australasian Dispute Resolution Journal, 2020, 30 (2), pp. 105-112