Melbourne Law School - Theses

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    What's love got to do with it?: addressing spirituality within the context of transformative mediation
    Jurevic, Linda ( 2000)
    In response to the dissatisfaction that many individuals experience as a result of resorting to conventional legal methods of dispute resolution, and in recognition of the growing number of individuals who are becoming increasingly aware of an internal spiritual calling, this thesis proposes that a spiritual approach, within the context of transformative mediation, be developed and offered to help parties address the legal and spiritual issues underlying conflict. Notions of spirituality are explored and definitions are offered to enable mediators, parties, and other legal professionals to clearly identify common values and to have a starting point from which to ascertain the goals and objectives underlying such an approach. The model of transformative mediation is defined and explained, and relevant criticisms are addressed in order to accommodate a spiritual framework. A five stage process is utilised to facilitate the identification of spiritual opportunities and issues that arise in the context of transformative mediation and, within each stage, examples of spiritual issues are provided to assist mediators in identifying and capitalising on the opportunities for spiritual growth, empowerment, and recognition within a mediation.