Assignment Task
1. Discuss whether commercial arbitration provides sufficiently flexibility as a form of dispute resolution. Give your view on whether the Commercial Arbitration Act 2011 (VIC) facilitates this, or whether any improvements can be made.
2.2. When Jill and Don first contacted you in early July 2020, they wanted to explore alternative dispute divorce options as they believed that their seven-year (7) marriage was irretrievably broken. Arriving at this painful decision was all the more poignant for this young couple since they had a one-year old son, Alex. They spoke to you and arranged to attend a mediation session. With your backgroundand training as a mediator, you notice some a typical non-verbal cues Jill and Don exhibited. The manner in which clients choose to arrange their interpersonal physical proximity speaks volumes about their psychological state of mind. Not only did Jill and Don elect to sit on the same side of the conference room table, they sat so close to one another that their elbows were practically touching. They spoke in hushed and mutually respectful tones and gave the other partner ample time to articulate his and her feelings. Instead of looking at you, they most often spoke directly to one another. As to their communication, the theme most central to both their parallel and collective conversations was their deep love for their son. They wanted to tackle and conquer their greatest fears about what would happen to their son – and between them – if divorce became a reality; if that day ever came, they did not want to be making decisions concerning Alex borne of spite, anger or vengeance. You shared with Jill and Don some of the observations about their interactions that you had noted during the first-time meeting and prepared for the mediation process.
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