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Constructions of Reflective Practice in Dispute Resolution
Conference presentation

Constructions of Reflective Practice in Dispute Resolution

Susan Douglas
Australasian Law Teachers Association Conference, 2016 (Wellington, New Zealand, 07-Jul-2016–09-Jul-2016)
Australasian Law Teachers Association
2016
url
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Abstract

Law
Reflective practice has arguably become an implicit, if not explicit, standard of professional practice across disciplines since the seminal work of Schon (1983, 1987, 1992). It has been evident for some time in the theory and practice of education and is now clearly acknowledged in law and dispute resolution. What does it mean and what is its place in dispute resolution practice? This paper reports on an empirical investigation of the concept of reflective practice as constructed by a sample of family dispute resolution practitioners (FDRPs). The study reported here consisted of a pilot study employing qualitative methods to gather data about how FDRPs understand the concept and translate it into practice. The results indicate that practitioners in the sample had a limited awareness and understanding of academic work addressing the concept and hence, limited appreciation of its theoretical underpinnings. However, the results demonstrate a clear association of the concept with experiential learning or "learning from experience". The results also reveal considerable practice wisdom associated with the idea and related practice issues, including acknowledging diversity and employing flexibility in practice, dealing with uncertainty, and self-awareness and self-care. The results have implications for furthering our understanding of reflective practice generally and in dispute resolution in particular. The results have implications for training in mediation/dispute resolution indicating that greater emphasis could and should be placed upon introducing this standard to students.

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