Samantha Hardy

Are Mediators Ever Liable? Rethinking Accountability in Our Practice

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By Dr Samantha Hardy Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s” of Case Law, Codes, & Custom. Ottawa Law Review / Revue de droit d’Ottawa, 55(1):151–186. Available at: https://doi.org/10.7202/1112508ar A Quiet Assumption For many of us working in the mediation field, there’s a quiet assumption we rarely question:

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WHAT I’VE BEEN READING: What mediation romantics can learn from the Model T, by Nancy Welsh

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While this article is about the development of mediation as a field in the U.S. most of the points made apply equally to the Australia context. Welsh describes the idealised introduction of mediation in the 1970s as a “democracy-and-self-determination-enhancing, social justice ethos” which then became institutionalised into a process aimed solely at getting parties from

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Why Good Conflict Management Is Essential for Psychosocial Safety

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Imagine walking into a workplace where people feel anxious, silenced, or wary of one another. Collaboration slows. Creativity wanes. Absenteeism creeps up. Resignations start to pile in. What you’re witnessing isn’t just poor culture—it’s a breach of psychosocial safety. For leaders navigating an increasingly complex and people-focused workplace, this concept has never been more important.

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Now’s the Time to Train as a Mediator!

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If you’ve been thinking about gaining formal mediation skills — whether to launch your own conflict resolution practice, strengthen your leadership or HR capabilities, or simply become a more skilled communicator — this is your opportunity. The Conflict Management Academy is offering a brand-new Facilitative Mediation Course, combining flexible online study with an inspiring, in-person

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Co-Mediation: A Reflective Guide to Working Together in Conflict Resolution

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Most mediators begin their journey solo — managing the process, reading the room, responding to shifting dynamics, and carrying the emotional load of conflict all on their own. But what happens when two mediators share that space? Co-mediation is a powerful alternative model where two practitioners work together to facilitate a mediation process. It’s more

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Growing a Mediation Practice: Practical Insights from the Field

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The Conflict Management Academy offers regular Business Brainstorming Sessions as an accompaniment to our Beyond the Table course.  These sessions are facilitated by experienced mediator and successful business owner Megan Lewis. Here are some of the key insights and tips shared in the last session. Building a successful mediation practice takes more than just excellent

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Can a Mediator Provide Advice? Understanding the Boundaries in Australia

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By Samantha Hardy and Claire Holland Mediators play a crucial role in helping parties resolve disputes, but can they actually provide advice? The answer is more nuanced than it may initially appear. In Australia, mediation is predominantly a facilitative process, meaning mediators do not make decisions for the parties. However, there are circumstances where a

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How We Describe What We Do: A Guide for Mediators

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In one of our recent masterclasses at The Conflict Management Academy, we discussed some of our recent learning from Dr Emily Skinner and Professor Elizabeth Stokoe, and workshopped improved ways to describe what we do.  Here’s a summary of what we came up with. Thanks to participants (Debra Farrelly, Deb Black, Peter Hanson, Nurit Zubery,

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The Subtle Art of Impartiality: Lessons from Conversation Analysis

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Recently, we had the privilege of hosting Professor Elizabeth Stokoe for a webinar on her research into how intake staff at UK mediation centres communicate with callers seeking information. As a psychologist specializing in conversation analysis, Professor Stokoe examines real interactions rather than those happening in artificial experimental settings. Her work provides valuable insights for

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WHAT I’VE BEEN READING: The House of Kwa, by Mimi Kwa

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This book is a memoir spanning generations of the Kwa family on different continents (including Australia where Mimi Kwa was born and lives).  It’s a book about culture, family and conflict.  At times shocking, at other times heart breaking, and in between sometimes hilarious, the book covers the challenges of conflict across families, generations and

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