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Issues of Fairness and Justice

in Alternative Dispute Resolution

 

Submission by Association of Non English Speaking Background Women of Australia ANESBWA

 

Prepared by

Maria Dimopoulos

 

March 1998

1. INTRODUCTION

 

The last few years has seen been a major growth in the area of dispute resolution options available for Family Law disputes. Alternative Dispute Resolution (now Primary Dispute Resolution - PDR) is not new. The Family Court has had conciliation services for children’s issues and for property matters since its inception in 1976. It has also provided mediation since 1992. Changes to the Family Law Act in 1996 however, have placed greater emphasis on PDR, and mediation in particular, as a primary means of dispute resolution. Mediation has been available both privately and in community organisations for some time. Increases in Commonwealth funding in the past twelve months has seen an increase in the number of approved community mediation agencies.

Whilst there have been a number of outspoken critics of PDR, particularly from women’s groups with concerns about the issues of violence and coercion, and that mediation may privatise violence and disadvantage women, it would appear that the current thinking may be summed up by a recent report:

"Much of the literature has shifted from debating whether or not family law disputes involving domestic violence should be mediated, to examining the circumstances in which such cases may or may not be mediated, and the strategies employed to screen out and/or deal with domestic violence cases if they do proceed to mediation"

A further aspect of the discussion has been the cutbacks to Legal Aid funding and the reality that many people do not have access to legal aid, nor will they be able to afford the costs of litigation. Whilst, as it has already been indicated, a number of cases may be unsuitable for mediation, there are many that can be assisted by some form of negotiated intervention. It is this group that this project attempts to focus upon.

In parallel to this debate, has been the knowledge that PDR services have generally been disproportionately underutilised by members of NESB communities. While the reasons for this are complex, some that appear to be apparent include:

§ Lack of support networks, particularly for refugee women and women entering under the family reunion program.

§ Lack of certainty about residential status for some.

§ Limited number of bilingual/bicultural family mediators available. The necessity of interpreters may be a limiting factor (as may the availability of a ‘female interpreter if required)

§ Reluctance of some NESB communities to seek assistance ‘outside’ their particular communities

§ Lack of awareness of the services available. Mediation services may not have provided enough information and education about the service and may not have ‘targeted’ specific groups appropriately

§ Different communities may have specific needs and expectations of the mediation process, which at present are not catered by existing models.

Whilst it has been acknowledged that on the whole, NESB communities do not access the services of mainstream mediation agencies, little primary research has been undertaken locally to examine the issue closely. An initial review of literature relating to mediation has highlighted that one of the major omissions is a discussion of cultural differences. Specifically there is a lack of information as to how such differences may impact on clients’ responses to stressful events, and the implications this might have for successful resolution of a conflict.

With the significant changes to the Family Law Act which places such emphasis on mediation and counselling, it is disappointing that there is little concurrent effort by government and related service providers to raise awareness of these services amongst NESB communities.

One report however, Partners in Any Language: Meeting the Access and Equity needs of consumers from non-English speaking backgrounds in Commonwealth-funded marriage and relationship counselling services conducted research into the extent to which NESB people used marriage and relationships counselling services, and the extent to which these services were meeting the consumer needs of NESB people. The Report also made a number of substantial recommendations in relation to improving the delivery of such services to NESB communities.

The report offered valuable insights and makes significant recommendations in relation to increasing NESB people’s knowledge and understanding of the counselling process through a broad-based community education strategy. This report offers a critical starting point for discussions around primary forms of dispute resolution and their relevance and appropriateness to NESB communities. However, whilst many aspects of the report may be made applicable to the area of mediation, there are many issues particular to the area that remain unexamined.

It is vital that mediation services are created which recognise the diversity of needs in the populations they service, and which are equipped to meet needs in manner which is cognisant of individual difference, effective and cost efficient. The need for alternative models of mediation services or ‘specialist’ programs must be comprehensively examined.

Community organisation have for some time raised concerns regarding members of the NESB community and their need to access various family law options, particularly in relation to Family Law dispute resolution processes. The issue of domestic violence has been integral to the concerns raised. It has been well documented that domestic violence is a major precipitating factor in marital separations within communities, and this must be acknowledged when consideration of appropriate interventions is undertaken.

2. CURRENT ISSUES

In recent months, concerns had been raised by both community members and agency workers regarding their community members and their need to access various family law options, particularly in relation to Family Law dispute resolution processes. The issue of domestic violence was integral to the concerns raised. It has been well documented that domestic violence is a major precipitating factor in marital separations within communities, and this must be acknowledged when consideration of appropriate interventions is undertaken.

It was highlighted that many existing mediation services are largely inaccessible for many Non-English Speaking Background communities, or that the ‘traditional’ models of mediation were often inappropriate. Indeed in some instances the very concept of mediation, and its contextual location, was seen to be a totally alien one.

Preliminary inquiries highlighted an almost complete lack of primary research on the area of mediation in a cross-cultural setting. Furthermore, initial contact with key mediation services revealed the serious under utilisation of their agencies by NESB communities. There appears to be very little or no data available on the quality of mediation services provided to NESB communities and on the quality of service outcomes.

The remainder of this submission details the outcomes of a pilot study undertaken in Victoria on the needs of ethnic communities in relation to their need to access family law options.

3. PILOT STUDY

In early 1997, a working group of community organisations, ethnic community members and agency workers was set up to look into the needs of members of the Arabic Muslim communities regarding access to family law options particularly Family Law dispute resolution processes. This working group included:

§ Joe Cauchi, then Principal Director, Southern Region, Family Court Counselling

§ Maria Dimopoulos, ANESBWA

§ Tony Gee, Relationships Australia, Preston

§ Dalal Smiley, Multicultural Relations Officer: Darebin City Council

§ Seeham Mahmoud: North Eastern Migrant Research Centre

§ Mandy Kong, North Eastern Migrant Research Centre

§ Representative from the Islamic Women’s Welfare Council

§ Hana Assafiri, Immigrant Women’s Domestic Violence Service

The working group agreed that youth and family mediation services were inaccessible for many NESB communities. It was also agreed that ‘traditional’ models of mediation were often inappropriate and that in some instances, the very concept of mediation was seen to be a totally alien one. Initial inquiries highlighted an almost complete lack of primary research on the area of mediation in a cross-cultural setting. Further contact with key mediation services revealed under-utilisation of their agencies by NESB communities. There appeared to be little data on the quality of mediation services provided to NESB communities or the quality of service outcomes.

The working group discussed a range of strategies to explore these emerging questions and agreed to address the issues using a two-staged approach. The first stage involved a feasibility study and a consultation process with community workers which focused on the needs of the communities and of the importance of their understanding the issues relating to Family Law and youth and family mediation.

The study was small and confined. Muslim Arabic Communities in the North-East Region were targeted for the consultations. This was important given the original impetus for the project originated from concerns expressed by members from those communities. It is vital to highlight that these communities are in themselves quite diverse and do not represent a neat homogenous unit for study. Issues of gender, class, history and ideological differences are ever present. It should be noted that the word "Muslim" is nebulous as it encompasses global cultural variations as diverse as the majorities in Black Africa, South Asia, South East Asia, and the Middle East, and the minorities in China, the Philippines, the Soviet Union, and North America. Therefore Muslims come from geographically diverse countries, each with its own culture, economic status, language and political institutions. As the study was unfunded it relied on the good will and co-operation of the individuals and agencies involved.

The proposed methodology utilised in the study was a two staged approach. The first stage involved a feasibility study and a consultation process which focused on the needs of the communities and of the importance of their understanding the issues relating to Family Law and mediation.

It was identified that the study would need to be small and confined, and as such the Muslim Arabic Communities in the North-East Region were targeted for the Consultations. This was particularly important given the original impetus for the project originated from concerns expressed by members from those communities. It was also critical however to highlight that these communities were in themselves quite diverse and did not in any way represent a neat homogenous unit for study. Issues of gender, class, history, ideological differences etc are ever present. It was also noted that the word "Muslim" is nebulous as it encompasses global cultural variations as diverse as the majorities in Black Africa, South Asia, South East Asia, and the Middle East, and the minorities in China, the Philippines, the Soviet Union, and North America. Therefore Muslims come from geographically diverse countries, each with its own culture, economic status, language and political institutions.

Furthermore, it was stressed that the categories "Muslim" and "Arab" as they relate to each other must be deconstructed due to the fact that in popular images the words "Arab" and "Muslim" appear to be conflated, "all Muslims are Arabs", and "all Arabs are Muslims". In reality, neither of these statements is accurate. Whereas some Arabs are Muslims, most Muslims (about 90%) are not Arabs, but live in Africa and Asia.

Despite efforts at securing funding for the process, no funds were forthcoming. Therefore, the project relied on the good will and co-operation of the individuals and agencies involved. Lack of funds also further narrowed the scope of the project. A decision was made to confine the consultations to workers in the North-East Region who worked with members of the Muslim Arabic Speaking Communities. Following these consultations, it was proposed that further efforts to obtain funds would be made to conduct more comprehensive consultations with members of the communities themselves.

Community Worker Consultations

The Consultations were divided into two parts.

Stage 1: Information based component

The first would involve an information based component that would seek to provide the community with the following:

§ information/education about Family Law and the changes under the Family Law Reform Act 1995;

§ information/education about domestic violence

§ information/education about suitable options or forums of intervention

§ information in relation to models/aspects of mediation services

§ information/education about other support services

§ clarification/reinforcement of appropriate choices.

 

Stage 2: Implementation

The second stage of the consultations would be aimed at developing and implementing a culturally appropriate model of mediation/conferencing that could be trialed and evaluated. This model(s) would be directly informed by the outcomes of the consultative stage, and would seek to address the particular issues raised.

It was also anticipated that Mediation Services currently funded by Legal Aid and Family Services would then be encouraged to work with the recommendations of the project, and seek to implement culturally appropriate models of working within their own organisations. Cross-cultural training for staff would also be strongly recommended.

Aims of the Project

The aims of the project were quite broad and preliminary:

§ to identify barriers to access to mediation services;

§ to examine the cultural and religious appropriateness of these services and their models;

§ to target information in relation to mediation as a concept and practice that is more culturally relevant;

§ to recommend and develop strategies that seek to make mediation services more responsive to the needs of NESB communities, with a particular focus on Arabic Muslim communities

§ to clarify issues relevant to the construction of models of mediation services for NESB communities and to delineate the essential elements of the models

 

 4. PROJECT OUTCOMES

 

4.1 THE CONSULTATIONS

As stated, the consultation session sought to bring together service providers, and key individuals who work with Arabic Muslim communities in the Northern Region. Both Dalal Smiley and Hana Assafiri undertook to contact identified stakeholders and invite them to the Consultations. Their efforts were reflected in the highly successful turn out on the day. (See Appendix A for list of Participants). The North Eastern Migrant Resource Centre offered their large meeting room as the venue for the consultations and provided tea and coffee. The Session was facilitated jointly by Maria Dimopoulos and Tony Gee.

As outlined, the first part of the consultation was information based.

The second part involved discussions around the following questions:

i. In your experience are the Muslim Arabic Communities in the Northern Region generally aware and familiar with the new changes to family law which place significant emphasis on primary forms of dispute resolutions such as mediation?

ii. Are the communities generally aware of the types of mediation services that currently exist?

iii. Are the ‘traditional’ models of mediation generally relevant to the communities?

iv. What are some barriers to accessing mediation services?

v. What type of changes would be required to increase access to these services?

vi. Any ideas around developing frameworks for more effective models of mediation?

 

4.2 KEY ISSUES

The discussions held during the consultation have contributed greatly to the beginnings of the development of frameworks for thinking about mediation services and models for NESB Communities.

The following are some of the key issues raised.

 

4.2.1 Changes to the Family Law Act

The Family Law Reform Act 1995 was passed by the Commonwealth Parliament on 21st November and was effective from 11 June 1996. This Act represents the most comprehensive reforms to the Family Law Act since its inception in 1975. The changes encourage the use of primary dispute resolution mechanisms for resolving family law disputes, in preference to litigation and judicial determination in the Family Court. The Act now encourages separating/divorcing couples to resolve their disputes through family and child mediation or family and child counselling.

Despite the far reaching implications of the changes, very little information in relation to these changes has been specifically targeted at NESB communities. This has resulted in a lack of access to information regarding the changes for both community members and ethno-specific service providers.

The Consultation highlighted again the almost complete lack of awareness/knowledge of the fact that extensive changes to family law had taken place. This was seen to be directly linked to the lack of information available in appropriate and relevant languages.

 

4.2.2 Awareness of existing Mediation Services

The overwhelming question regarding mediation was: "What is it?." This highlighted a need for mediation to be explained contextually, as it is not possible to translate it in some languages, including Arabic.

The Consultation also revealed a very low awareness of the range of mediation services that existed. The need for mediation services to increase their visibility and presence in the ethnic communities was seen to be a major priority if access to services was to increase.

Several people in the consultation commented on the need for information sessions to be organised and conducted in conjunction with ethno-specific. It was strongly felt that this strategy would greatly enhance the visibility of the existing mediation service in Arabic Muslim communities.

 

4.2.3 Appropriateness of Models of Mediation

The Consultation served to dispel the myth that mediation is a culturally appropriate form of dispute resolution, as exemplified in the assumption that all NESB people ‘traditionally’ and ‘universally’ consult an external third party in their country of origin (usually presumed to be the religious leader).

Whilst in some situations, this may be the case, for example in some rural or village structures, it was strongly emphasises that this is not transported intact through the experience of migration and relocation. The appropriateness and efficacy of a ‘bureaucratic’ mediator of a non-shared background was questioned. Some people expressed the view that mediation in an Australian context is understood as an outsider encroaching on privacy, particularly if the mediator was unknown, not of the same cultural background and an interpreter was necessary.

Misunderstandings around the expectations of the mediation processes, informed by people’s own cultural assumptions, was also raised as an issue. For example the so-called ‘neutrality’ of the mediator may be seen to be an inappropriate role where expectations amount to that of the mediator as an arbitrator and final decision maker.

People also raised the fact that there may also be different definitions of what may be a successful outcome of mediation. For example a successful outcome may well be measured by the extent to what a party has acknowledged fault, rather than on any shared agreement on a particular issue.

Participants also argued that the concept of mediation as it is traditionally understood relies heavily on the notion of the ‘individual’ rather than the group. Mediation that focuses solely on the individual rather than on the client as a member of a family or community may not be appropriate in some cultural contexts. That an individual, rather than a system is the appropriate target of mediation processes can indeed be a culturally biased assumption.

Strong concerns were of course expressed in relation to the appropriateness of mediation where domestic violence was an issue. The need for clear and effective intake and screening procedures and basic safety strategies was strongly reiterated.

 

4.2.4 Barriers to Access: Stereotypes

Participants were of the view that one of the most significant barrier to mainstream services was the problematic, and at times racist, stereotypes workers in these service sometimes held of NESB communities, and more particularly of the Arabic Muslim communities. That Islam is misunderstood and at times denigrated in Australian society is evidenced by stereotypical images of Muslims in the media and texts. Such denigration often leads to an invalidation of Islam and the marginalisation of Muslims in the broader Australian community.

Participants highlighted the need for such stereotypes to be challenged, and that service providers become aware of Islam, its meaning and significance for Muslim people. In relation to mediation, participants raised the need for mediators to become better informed in relation to Islam to avoid making stereotyped assumptions. Muslims are not ‘one people’ subscribing to one set of religious beliefs practices and values. The Shari’a family laws were raised as an example. It was highlighted that there are various schools of law which promote diverse versions of Shari’a. Custody arrangements, for instance, vary with the schools of law. It was raised that women, like their Anglo-Australian counterparts, have traditionally been excluded from the various patriarchal schools of interpretation. This trend continues within ‘legitimate’ forms of interpretation by established scholars backed by political regimes - all dominated by men. Some participants raised the fact that some Muslim women scholars are calling for a re-interpretation of the texts so that Shari’a will contain input from women.

If such biases and stereotypes are to be addressed, then it is critical that mediators continuously seek to identify and challenge their own beliefs and practices, and examine how these may inhibit effective cross-cultural practice. For example, a mediator may have certain beliefs about good or bad parenting practices, even though child rearing practices and norms and behaviours into which people are socialised vary according to cultural contexts. Awareness of such biases is important, so that the mediator does not make inappropriate value judgements about the parenting practices of clients.

Culturally biased assumptions can lead to inappropriate assessments and interventions. Without taking steps to examine their own biases, mediators are likely to make inaccurate assessments during intake, and unhelpful decisions around appropriate interventions.

 

4.2.5 Assumptions about the ‘family’

Awareness of the diversity of family arrangements by mediators was identified as a critical precursor to effective and appropriate family mediation. Concerns were raised that traditional family mediation was informed by a very anglo-centric understanding of family and family dynamics. It is critical that the clients’ definition of ‘family’ inform the mediator’s approach, particularly in relation to who should be involved in the process of mediation.

An example was given of the strong role played by grandparents, particularly in relation to the upbringing of children. In some situations grandparents should be invited to attend a party to the mediation process. It is, of course vital, that assumptions about such involvement not be automatically made. Again the client should be consulted.

 

4.2.6 Communication

The issue of how particular matters may be raised and communicated in a mediation session was identified as a potential difficulty if the mediator was not sufficiently aware of the different linguistic and cultural patterns of communication. Patterns of communication vary across cultures. There are cultural differences in the norms and expectations concerning verbal, emotional and behavioural expressiveness, insight and expectations about self disclosure. For example non-verbal methods of communication are often very significant to how more sensitive issues are raised. Furthermore, discussions of feelings, or even conflict, may be uncomfortable in the presence of a stranger, or indeed may not be appropriate at all. The important thing to emphasise was that assumptions not be made but that an increased awareness of how differences in patterns of communication would alert the mediator to ask additional clarifying questions.

 

4.2.7 Lack of Bilingual Mediators

The lack of bilingual/bicultural mediators was raised as a significant barrier to access. It was strongly stressed that interpreters were not necessarily the solution in situations where one or all parties did not communicate in English. It was noted that often in family issues, language might be considered less important than an awareness of shared cultural and religious perspectives, which may not be properly imparted through an interpreter.

Participants highlighted instances in counselling where particular members of an ethnic group (eg religious leaders) are sometimes used as ‘cultural experts’ advising on religious and cultural practices. Such information, while purporting to be impartial may be sexist and patriarchal and thus contribute further to any power imbalances that may exist within the counselling/mediation process through imparting incorrect and subjective information. Participants expressed that this was of particular concern in situations where domestic violence was an issue.

Examples of counsellors, and in one or two instances, mediators, seeking to determine the ‘cultural appropriateness’ of violence against NESB women by referring to so called ‘cultural experts’, were given. These examples can be seen as part of a rather dangerous trend occurring within various sectors, particularly within the legal arena, that seek to provide cultural explanations for the occurrences of domestic violence in Non English Speaking Background communities. Within these cultural explanations, domestic violence and incest are being seen in terms of an integral deficiency of the defendant’s and the victim’s culture. Whole cultures are effectively being ‘diagnosed’ as having violent disorders that must either be ‘treated’ so as to ‘help’ Non English Speaking Background people overcome their cultural biases, or to be promoted as unchangeable and therefore acceptable explanations for violent behaviours.

The explanation may well be promoted in the interest of cultural pluralism, but its obvious effect is to legitimise male violence against women. When domestic violence among Non English Speaking Background communities is explained as ‘cultural’, a similar description is rarely given to domestic violence in the Anglo-Australian community. This masks the severity of violence against Non English Speaking Background women by describing it as a practice rather than as a political problem.

 

4.2.8 Increasing Access

Specific information packages that targeted NESB communities were identified as necessary if there was to be an increase in service utilisation.

It has been well documented that often in the planning and delivery of information campaigns, the needs of NESB communities are either overlooked or marginalised through their identification as a ‘special needs’ group and therefore the domain only of these ‘special groups’ or tagged on as an afterthought.

Several people also reiterated some of the problems associated with printed materials as a sole method of information provision, even when translated. The use of unfamiliar concepts, such as ‘mediation’, that are directly translated from English into the particular community language is highly problematic. It has also been pointed out that sometimes the language used in the pamphlet, or all members of the target group may, not understand the dialect used.

The consultation also highlighted the importance of adopting a flexible and multi-faceted approach to information provision to NESB communities. Not all information sources are effective for all NESB communities at all times. As migrants arrive with different levels of education and a variety of cultural backgrounds and expectations, no one single source of information is effective. Not all NESB communities will have the same access to information. Some communities may be disadvantaged by social isolation, particularly those from newly emerging communities.

Radio has repeatedly been identified as a significant information source for NESB communities, particularly women whose double workload may prevent them from obtaining and reading newspapers, or who for whatever reason may not be literate in their own language.

Information provision in relation to mediation and mediation services must be delivered in a manner that reflects the cultural needs, experience and realities of NESB communities. Such information strategies must also be directly informed by the fact that NESB communities cannot be defined as a coherent, homogeneous group and do not constitute any automatic unitary group. Rather they are characterised by a great deal of diversity.

 

4.2.9 Employment of Bilingual workers

The importance of training bilingual workers to become mediators was highlighted as being critical to increasing access to, and ensuring greater levels of appropriateness to mediation services. However participants prefaced this by stating the importance of examining may of the assumptions contained in the models of mediation as currently practiced, and the danger in simply employing bilingual workers without sufficiently addressing some of the more fundamental conceptual dilemmas.

Clearly bilingual workers are in a key position to provide linguistic and cultural support in the mediation process. However participants stressed that the provision of bilingual mediators should only be seen as increasing a range of service options rather than leading to a situation where an immediate assumption is made that the client will want to engage with the bilingual mediator. Furthermore, it is important to note that even if the bilingual worker shares the same ethnicity, differences in class, gender and other variables may still exist.

The interests and needs of NESB communities are best served when their options for securing information and support, and exercising their rights are maximised.

To maximise their options, all workers must be in a position to respond appropriately.

Recognition and acknowledgment needs however to be made of the value and importance of a sharing and an understanding of a common language and culture as a critical component in obtaining accurate and appropriate information.

5 RECOMMENDATIONS

As a result of the project the following recommendations are made

5.1 Research

That the Legal Aid and Family Services Division (LAFS) of the Federal Attorney General’s Department, in conjunction with the Department of Immigration and Ethnic Affairs develop and initiate a national research strategy into the needs of NESB communities in relation to mediation as a primary form of dispute resolution in the area of Family Law. Such research will:

§ inform policy makers and service providers of the needs of NESB populations;

§ the models of mediation services that are most acceptable, accessible and effective; and

§ the types of information and education strategies that will increase the level of awareness around mediation in NESB communities.

5.2 Cross-Cultural Training for all LAFS funded Agencies

There is an urgent need for the development of a comprehensive cross-cultural training program for child and family mediators. Such training however should be developed and delivered in the context of a broader access and equity plan that provides a basis for a coherent quality assurance strategy. This strategy would include the development of standards and service guidelines, and assist in the development of a set of competency standards for staff to adopt in communicating with NESB clients and in the integration of these standards into training programs.

5.3 National Registration Scheme

The movement toward enhancing the competence of mediators through training and accreditation is to be commended. As standards of practice and accreditation are being developed, these organisations have a unique opportunity to address the area of cultural competence as an integral component of such accreditation.

Mediators who are part of an accredited organisation are clearly part of a body with its own standards and training requirements. Furthermore the Family Law regulations provide an incentive for these organisation to maintain standards.

However for private mediators, there is no way of ensuring or enforcing standards of practices. Whilst there are undoubtedly excellent private mediator, there are unfortunately some whose practice would be regarded as potentially dangerous, particularly where issues of violence or abuse are present. It is has become apparent, that some ‘private’ mediators are operating highly unscrupulous backyard operations, particularly in the Arabic Muslim communities.

It is strongly recommended that a national registration scheme, incorporating consistent standards of practice, that are inclusive of cultural competencies, be established for any mediator wishing to mediate in the area of family law. The potential for damage to the parties and their children is particularly great in family disputes.

5.4 Information Provision

It is recommended that a flexible and multi-faceted approach to information provision to NESB communities in relation to mediation and mediation services be adopted. Information provision in relation to mediation and mediation services must be delivered in a manner that reflects the cultural needs, experience and realities of NESB communities.

5.5 Interpreters

It is strongly recommended that interpreters be provided where any or all of the parties do not speak English, or where they have requested one, despite their apparent fluency. The use of interpreters in areas such as mediation requires particular care. Second language competency is known to decrease in times of trauma or crisis. It is inappropriate for friends, neighbours of family members to be asked to interpret in mediation. Women may also prefer to have a female interpreter. Confidentiality is a major concern for women who have reported domestic violence or sexual violence. Confidentiality may also be an issue for both men and women in contexts other than personal violence when they are from small communities this situation. A telephone interpreter service may be a preferred option, rather than seeking an on-site interpreter.

It is recommended that training be provided to mediators on the appropriate use of interpreters within a mediation context. It is further recommended that interpreters also receive training that seeks to familiarise them with the processes of mediation.

It is also recommended that clear policy guidelines be developed agencies forbidding the use of relatives, friends, children or partners as interpreters at any stage of the mediation process.

5.6 Concept of mediation

It is strongly recommended that research be undertaken to explore and develop culturally and linguistically appropriate models of mediation. This may include the use of bilingual advocates; or support workers who assist in ensuring that power imbalances are identified and possibly addressed in the negotiating processes.

 

APPENDIX A

LIST OF PARTICIPANTS

 

The following individuals/organisations were consulted

Hana Assafiri: Immigrant Women’s Domestic Violence Service

Juheina Al-Jibury: Iraqi Group

Lina Hassan: East Preston Community Health Centre

Dalal Smiley: City of Darebin

Nadia Teffalia: Network of Australian Muslim Women

Neimala Nadarafah: Immigrant Women’s Domestic Violence Service

Sunee Sathaporn: Immigrant Women’s Domestic Violence Service

Hayriye Kayi; Immigrant Women’s Domestic Violence Service

Teresa Zerella: Dispute Settlement Centre of Vic

Ezzeddine Rafhi: Australian Lebanese Welfare Assoc

Samia Baho: VICSEG

Gabrielle Fakhri: VICSEG

Marie Jabbour: Victoria Legal Aid

Khian Be: Family Mediation Centre: Noble Park

Feyrouz Khayat: Thornbury Women’s Neighbourhood House

Iman Riman: Immigrant Women’s Domestic Violence Service

Ali Elashiry: Consulate of Egypt

Luba Tanevski: Immigrant Women’s Domestic Violence Service

Rose Di Benedetto: DSS

Jihad El-Afade: Immigration TIS

Anne Mbugua: Immigrant Women’s Domestic Violence Service

Rokaya Nabulsi: Network of Australian Muslim Women

 

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