Registrar Jacquie Kubacz Paves the Way for Healing through Meditation 

Having conducted many dozens of mediations in these cases, Registrar Kubacz has become a cornerstone of the District Court’s specialised mediation program. The District Court even recognised that “the presence of a trauma informed Mediator makes a significant contribution to our clients’ wellbeing at the mediation”.

Her empathetic, adaptive approach has earned her widespread respect from both plaintiffs and defendants, and her contributions have been recognised as vital in ensuring that vulnerable participants feel heard, safe, and supported throughout the mediation process.

Beyond her work in abuse claims, her commitment to innovation and excellence in ADR has solidified her role as a leader in the field, navigating the delicate balance between legal rights and emotional wellbeing with compassion and expertise.

Post her stellar ADR Award, it remains business as usual for Registrar Kubacz who continues to undertake all manner of mediations in the same way as she has always done. We thank Registrar Bubacz for her unparalleled contributions to the practice of mediation in Western Australia.

Our Q&A with Jacquie Kubacz 

ADC: What is unique about the role of mediation skills in dealing with vulnerable groups i.e. victims of sexual assault?

JK: Balancing the commercial realities of the litigation with the trauma profile of the plaintiff and being careful to take into account all the psychological aspects of this whilst operating in a commercial setting. So, balancing the needs of both the victim plaintiff and the commercial constraints for defendants.

ADC: In what ways do you modify your mediation approach when dealing sensitive historical and institutional sexual abuse claims?

JK: The main modification I make is not requiring the victim to be present in a join session to avoid any major re-traumatisation. I very much let the victim control how much or how little involvement they want to have in the active mediation process. This is not to say they are not involved. They are very much but I let them control this. If they want to speak to me and tell me their story I am there to listen. If they don’t, then that is fine too. For me, being flexible in the process is crucial, intervening when I need to and backing off when required. It is a very fluid and intuitive process and I don’t follow any formal mediation model.

ADC: What measures do you put in place to ensure timely and swift resolutions in the complex cases in which you mediate

JK: Mediation to me is not about obtaining a timely and swift resolution of the case. It is a forum to give people a chance to be heard and parties to have an open discussion of the case in an attempt to avoid the matter proceeding to trial. This may take several attempts and may not be capable in the four hour court allotted time slot that I have.

Mediation is a process and I am firmly of the belief that it takes as long as it needs to. The importance is to recognise when the process has been exhausted. Sometimes this is a matter of hours, sometimes we need to meditate several times before we can get anywhere. The importance for me is to never close the door on the process and I always allow parties the chance to mediate further at any time. This is the beauty of court based mediation.

ADC: What future directions or innovations in mediation training or practice could further benefit the vulnerable communities you deal with i.e. sexual assault cases?

JK: Training in trauma informed mediation practices and psychology and cultural aspects in mediation would be fantastic.

By Arabella Tavares, UNSW