Ian Macduff Practice Associate Professor of Law BA; LLB (Hons) University of Auckland Ian Macduff graduated from the University of Auckland with a BA (in History and German) and LLB (Hons, First). Following a period tutoring in law in Auckland he practised with the firm of Tarlo, Lyons & Aukin in London. He then joined the Inner London Probation and After Care Service as part of a special team working on a programme with serious and recidivist offenders. He then joined the Law School at Middlesex Polytechnic (later University) teaching on the new law degree programme. On his return to New Zealand, Ian joined the Law Faculty at Victoria University of Wellington, where he initially taught Legal History, Jurisprudence, and Criminal Law. After undertaking mediation training in the US in the early 1980s, Ian returned to New Zealand and was pioneering in introducing mediation in private, statutory, commercial and other contexts. He introduced and taught courses in Dispute Resolution, Negotiation & Mediation, Arbitration Law & Practice; and International Conflict Resolution. He established the Centre for Conflict Resolution in the Faculty of Law, which became a vehicle for public and professional seminars, training programmes, inter-departmental research collaboration, and for co-operation between the professions and academia. In his professional practice, Ian has been consultant and trainer for the World Health Organisation for a capacity building programme in Sri Lanka from 1999 to 2001 and again in 2004, and a consultant to that programme in Geneva. He has also acted as mediator in a wide range of contexts, including family, community, commercial, environmental, and the inter- and intra-tribal negotiations involving the Maori and the Crown; and has been mediation, negotiation and conflict management trainer for a wide range of private and public entities. He was Visiting Professor in the Faculty of Law, National University of Singapore, from January to April 2004; and held a oneyear joint appointment in Law and the Lee Kuan Yew School of Public Policy, NUS, in 2005. He has been Visiting Professor at the International Training Programme in Conflict Management of the Scuola Superiore Sant Anna, Pisa on several occasions; and has taught at La Sapienza (L Università di Roma I). Ian is a founding member of the Steering Committee of the Asia-Pacific Mediation Forum; a member of the Scientific Committee of the World Mediation Forum; New Zealand Council member, Council for Security Co-Ooperation in the Asia-Pacific (Track II advisory body to the ASEAN Regional Forum); a former mediation panel member of the Arbitrators and Mediators Institute of New Zealand; a member of the Public Sector Mediators Association of New Zealand; a member of the Association for Conflict Resolution; and formerly member of the Governing Council and member of the Society for Intercultural Education, Training and Research. He is also a member of the International Advisory Board Asian Journal on Mediation; the International Editorial Board, Journal of South Asian Development and Revista Italiana di Conflittologia, Napoli.
Publications: 1. Books & Monographs: Co-edited: (with Dr Rajat Ganguly) co-editor/author, Ethnic Conflicts in South and Southeast Asia: Causes, Dynamics, Solutions (Sage, New Delhi, 2002) Contributing author: 1999 Contributing author to P. Spiller (ed) Dispute Resolution in New Zealand (Oxford University Press, Auckland, 1999) (Chapter on Cross Culture Dispute Resolution and co-author of Introduction and chapter on Negotiation ). 1999 (with Dr Amanda Wolf) Negotiating the Principles and Applications of Environmental Justice: Implications of Participation in Richardson & Bosselmann (ed) New Tools for Environmental Justice (Kluwer, 1999) 1996 Guidelines on Family Mediation (Butterworths, 1996) 1994 "Mediation", (Ch 5) in Review of Ministry of Housing Tenancy Services: Dispute Resolution Services (Rivers Buchan Associates) 1991 "Biculturalism, Partnership, & Parallel Systems: The Context of Maori Rights," in W. Twining (ed) Issues of Self Determination, Aberdeen U. Press, 1991, pp 102-114 1988 "Legislating for Community? Mediation in New Zealand" in Transcultural Mediation in the Asia-Pacific, (Asia-Pacific Organisation for Mediation, Manila 1988) pp167-222 Forthcoming: 2008 Chapters on High- and Low-Context communication and Power distance and Formality in Mediation in An Asian Model of Mediation, Teh Hwee-Hwee & Joel Lee (eds), Singapore. 2008 Other Gernikas: The Case of Sri Lanka, to be published in conference proceedings of the 17 th International Convention on Culture and Peace, Gernika, the Guernica and the other Gernikas. Peace Symbology. 2008 Health as a Bridge for Peace Capacity Building for Co-Operation in Building Peace to be published in a book of conference proceedings, Prof Guy Rajendram (ed) Eastern University of Batticaloa
2. Journal Publications (including online journals): 2008 (forthcoming) Negotiating History and Identity: Two Case Studies, to be published by the University of the Basque Country and the Government of Pais Vasco. 2006 Die Mediation der Geschichte: Von der Wiedergutmachung bis zur bürgerlichen Identität Perspektive Mediation: Beiträge zur Konfliktkultur, p. 217 (2006/4) 2006 Your pace or mine: Culture, Time and Negotiation Negotiation Journal 22: 31-45 2004 Terrorism and Conflict Resolution, Published Working Paper 18/04, Centre for Strategic Studies: New Zealand 2003 What would you do with a Taniwha at the table? Negotiation Journal, 19(3) 195 (2003) 2003 Part II - What would you do with a Taniwha at the table? Negotiation Journal, 19(4) 291 (2003) 2003 La Salud come Puente para de la Paz: Desarrollo de la Capacitacion para la Gestion de Conflictos y la Transformacion Social, Revista La Trama, http://www.revistalatrama.com.ar 2002 What am I doing here? Mediators and Mandate, Victorian Civil and Administrative Tribunal Newsletter, No 3, 2002 2001 Mediating Distance: Online Tools for Reconciliation? ADR Online Monthly, http://www.ombuds.org/center/adr2002-7-macduff.html 2001 Capacity Building in Conflict Transformation: Integrating Responses to Internal Conflicts Journal of Humanitarian Assistance, http://www.jha.ac/articles/a073.htm, 15 October 2001 1997 Review, Spiller, The Disputes Tribunals of New Zealand (Brookers) Law Talk, 475: 20 (April 1997) 1997 "Lawyers, Clients & Mediators: Partners in Mediation" [1997] Dispute Resolution Bulletin 19 1995 "The Role of Negotiation: Negotiated Justice," in Treaty Settlements: The Unfinished Business, (NZ Institute for Advanced Legal Studies, Wellington, 1995), 54 66 [Also published in VUW Law Rev, 25:144-156 (1995)] 1995 Resources, Rights and Recognition: Negotiating History in Aotearoa/New Zealand," Cultural Survival Quarterly, 19: 30 [1995]
1994 Review Essay: "Steps to an Ecological Jurisprudence" review of Bosselmann's Im Namen der Natur: Der Weg zum ökologischen Rechtsstaat, 24 VUWLR, 333 [1994] 1994 "Flames on the Wires: Mediating from an Electronic Cottage," in Negotiation Journal. 10: 5 [1994] 1993 Review of A. Curle, Tools for Transformation: A Personal Study, V.U.W.L.R. 23: 305 [1993] 1993 (Review essay) Review of G. Oddie & R. Perrett (eds) Justice, Ethics and New Zealand Society, V.U.W.L.R 23:11 [1993] 1991 Review of W. Mastenbroek, Negotiate, VUWLR, 21:213-217 [1991] 1991 Review of F. Sligo, Conflict Management: A New Zealand Handbook, VUWLR, 21:218-220 [1991] 1988 Review of Passion: An Essay on Personality (Free Press, 1984) VUWLR 18: 95 [1988] 1987 "The Training Role of Mediation," The Family Law Bulletin, 1:137 [1987] 1986 "Assessing Mediation," Fam.Law Bull, 1:55 [1986] 1982 Self and Peer Evaluation: An Ambitious Proposal for the Improvement of Teaching, VUWLR 12: 121 [1982] 3. Conference papers: 2007 From Digital Deals to Cyber Citizens: ICT, Online Dispute Resolution, and Civic Dialogue, Keynote paper presented at the First International Congress on Conflict, Conflictology and Peace, Open University of Catalonia, Barcelona, Spain, October 2007. Negotiating History and Citizenship: Two Case Studies ; presentation at Territoriality, Citizenship and Democracy in Plurinational States, International Institute for the Sociology of Law, Oñati, Gipuzkoa, Spain Other Gernikas: The Case of Sri Lanka, presented at 17 th International Convention on Culture and Peace, Gernika, the Guernica and the other Gernikas. Peace Symbology. (a conference to commemorate the 70 th anniversary of the bombing of Guernica); hosted by Gernika Gogoratuz and University of the Basque Country 2006 Health as a Bridge for Peace Capacity Building for Co-Operation in Building Peace ; Keynote paper: International Conference on Peace Capacity Building for Health Professionals; Eastern University of Sri Lanka, August 15-18, 2006 [to be published in conference proceedings]
2006 Mediating Different Histories and Common Futures: State-Nation Negotiations on Reparations for 4 th Viennese Congress on Mediation, Vienna, May 2006. Congress theme: Das Neue Unbehagen in der Kultur. 2003 Health as a Bridge for Peace: Capacity Building and Conflict Transformation, Keynote address at the 4th Congress of the World Mediation Forum, Buenos Aires, May 2003 2003 Terrorism and Conflict Resolution for the 12 th CSCAP Comprehensive and Co-Operative Security Working Group Meeting, Wellington (Council for Security Co-operation in the Asia-Pacific) 2001 Systems of Conflict Resolution, paper at Tensions and Security in the Pacific three-day conference co-ordinated by the International and New Zealand Committees of the Red Cross. 2001 (With Mereana Hond) Settling Treaty Claims in New Zealand: are we resolving or creating disputes? Reconciliation: Conversations Beyond Cultural Boundaries, Asia-Pacific Mediation Forum, Adelaide, November 29 December 1. 1998 Workshop/Roundtable facilitator, The Next Generation: A Dialogue on Reconciliation Conference of the Society for Intercultural Education, Training and Research, Reitaku, Japan, Nov 1998 1998 Invited speaker, Dispute Resolution across Cultures, annual conference of the Arbitrators & Mediators Institute of New Zealand, Wellington 1997 Invited panellist on Court-linked mediation proposals, annual conference of the Arbitrators & Mediators Institute of New Zealand, Palmerston North. 1995 Co-presenter, workshop session on "Cultural exchange: Cultural Processes, Community Justice. Treaty and Environmental Negotiations," National Conference on Peacemaking and Conflict Resolution, Minneapolis, May 1995 1995 "The role of negotiation: negotiated justice?" Institute of Advanced Legal Studies, Conference on Treaty settlement proposals, Wellington, February 9-10. 1990 "Between Settlement and Sanction: Issues in Environmental Mediation," Australasian Law Teachers' Association, Canberra, Sept 1990 (with Claire Baylis) 1989 "Biculturalism, Partnership and Parallel Systems: the Context of Maori Rights," (Conference paper, 14th Congress of the International Association for Legal and Social Philosophy, Edinburgh, August 1989).