The Rise of Commercial Mediation in Australia - Reflections and the Challenges Ahead.

The last 25 years has seen a growth in the use of mediation in the civil and commercial jurisdictions of the states and territories in Australia. There is now a robust mediation market with “virtually no civil case going to trial without at least one round of mediation” This paper will chart the rise of commercial mediation in Australia over the last 25 years. It will also reflect on a number of issues that have underpinned this growth including why mediation works, the source of the mediator’s power and why people get trapped in conflict. It will examine the emerging collaborative economy particularly the direct link between risk-taking and innovation, essential for maintaining the increasingly short time at the top in the 21st Century economy. It is through the ability of management and external advisors, including lawyers, to creatively manage the tension created by risk-taking that best fosters a culture of trust and innovation. If lawyers do not adjust their adversarial culture and develop the soft skills necessary to meet these challenges organisations will find people with degrees in dispute resolution, business, commerce, psychology and engineering that will