Australasian Dispute Resolution Journal (ADRJ)
Evaluating dispute resolution theory and practice in Australia and overseas
About the Journal
The Australasian Dispute Resolution Journal (ISSN: 1441-7847) is a key resource for staying up to date in the area of Alternative Dispute Resolution (ADR). The journal features articles covering the broad spectrum of ADR methods, including mediation, arbitration, independent expert appraisal, negotiation and early neutral evaluation.
This is the only Australasian journal covering the theory, analysis and practice of dispute resolution in Australia and overseas.
Covering a diversity of topical matters relating to ADR within and outside the court system, the Australasian Dispute Resolution Journal includes articles from a broad range of ADR practitioners, teachers and academics.
Case notes provide applied illustrations of how dispute resolution processes work in practice, making the Australasian Dispute Resolution Journal a practical and essential resource.
Ruth Charlton is a solicitor of the Supreme Court of New South Wales and an experienced lawyer mediator. Her publications include The Dispute Resolution Guidebook (LBC Information Services, 2000) and The Mediator’s Handbook (Thomson Reuters, 3rd ed, 2014), with Micheline Dewdney and Geoff Charlton.
Chief Editorial Consultant
Sir Laurence Street, AC, KCMG, formerly Chief Justice of New South Wales
Dr Tom Altobelli, Judge, Federal Circuit Court of Australia
Ms Linda Fisher, Linda Fisher & Associates Pty Limited, Dispute Resolution and Training Specialists, Sydney, NSW
Ms Maureen Garwood, Approved Family and Child Mediator under the Family Law Act 1975, Mediator and Negotiator – Just Resolutions, Melbourne
Mr Paul Lewis, Lawyer and Mediator, Sexton Family Law, Solicitors, Kirribilli, NSW
Ms Babette Smith, Mediator and ADR Consultant, Author, Journalist
Professor David Spencer, Deputy Provost, Australian Catholic University
Dr Gregory Tillett, Senior Research Fellow in Conflict Resolution, University of Western Sydney, Nepean
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For the individual contents pages for each Part, click here.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International Arbitration In Australia: 2016/2017 In Review” – Albert Monichino QC and Alex Fawke; “Senior Executive Appraisal: Will the Mini-trial Cement Its Place in Alternative Dispute Resolution?” – Adele Carr; “Investor-State Dispute Settlement Mechanism and Its Ramifications for Public Health: An Analysis” – Muhammad Zaheer Abbas and Shamreeza Riaz; “Not Commercial but Good Sense: The Case for Facilitating Faith-based and Community Arbitration in Australia” – Nadav Prawer, Nussen Ainsworth and Matt Harvey; and “Can Conflict Coaching Make a Difference to Conflict Outcomes in Hierarchical Organisational Structures?” – Karina Ewer. It also contains Case Notes: “Setting Aside An Arbitral Award Under The Commercial Arbitration Act And Arbitration Media Watch ” – Professor David Spencer.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Dispute Resolution Lag in Australia: The Time to Be Aggressive Is Now” – Tracy Albin; “Effectively Managing the Impact of Family Violence on Mediation in the Family Law Context” – Sian Green; “International Tax Treaty Arbitration – Fighting an Uphill Battle in the Global Arena” – Michelle Markham; “Inclusiveness or Tokenism? Culture and Mediation in New Zealand’s Dispute Resolution Statutory Regimes” – Grant Morris and Katie Alexander; “Towards a Practical Model to Improve Outcome Acceptance in Dispute Resolution” – A J Orchard; “Improving Dispute Resolution in the Financial System” – Ian Ramsay; “With Great Power There Must Also Come Great Responsibility: Reining in Unbridled Expert Determinations” – Alisa Taylor. It also contains Case Notes: “Costs Order Against Non-Attending Party to Mediation, Costs for Breach of Confidentiality, and Mediation Media Watch” – Professor David Spencer.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Investor-State Dispute Settlement Mechanism: The Trojan Horse of the Trans-Pacific Partnership and its Practical Implications” – Muhammad Zaheer Abbas and Shamreeza Riaz; “Managing the Inter-cultural Dimensions of a Mediation Effectively – A Proposed Pre-mediation Intake Instrument” – Dorcas Quek Anderson and Diana Knight; “Being the Ladle in the Soup Pot: Working with the Dichotomy of Neutrality and Empowerment in Mediation Practice” – Bornali Borah; “Mediation Confidentiality: Origins, Application and Exceptions and Practical Implications” – Judge Joe Harman; “Design in Dispute Resolution Practice: Tips and Tools” – Helen Shurven and Clair Berman-Robinson; “Mediator’s Proposal and Mediator’s Neutrality: Finessing the Tension” – Mohamed Sweify; “Settlement in Court-Connected ADR and the Constitutional Function of the Judiciary: An Imbalance between two Competing Public Interests” – Michael Windeyer. It also contains Case Notes: “Admissibility of a Statement Made at Mediation – Humphreys v Humphreys” and “Mediation Media Watch” – David Spencer.
This Special Issue of the ADRJ (Volume 28 Part 1) features a selection of articles based on papers presented at the National Mediation Conference in September 2016 on the Gold Coast. It is the initiative of the Co-Convenors of the National Mediation Conference Board 2016: Mieke Brandon and Callum Campbell. The theme of the conference ...more
This Special Issue of the Australasian Dispute Resolution Journal features a selection of papers from the National Mediation Conference 2016 on the theme of “Thought, Innovation and Creativity: The Next Decade”, and includes the following articles: “Solution-focused Family Dispute Resolution” – Fredrike P Bannink; “The Essential Nature of a Collaborative Practice Group for Successful Collaborative Lawyers” – Pauline Collins and Marilyn Scott; “Whose Role is it to Support the Child’s Right to Culture in Australia?” – Bethaina Dababneh; “Beyond Resolution – Conceptualising the Shift from Resolution to Defusion in FDR” – Andi Doerr; “Working with Trans or Gender Diverse, Intersex and/or Non-heterosexual Clients: Advice for Mediators” – Samantha Hardy, Olivia Rundle and Damien W Riggs; “Co-creating Mediation Models: Adapting Mediation Practices when Working across Cultures” – Judith Herrmann and Claire Holland; “Before Mediation: Designing Processes for the Next Decade – Matching Process with the Purpose” – Jill Howieson and Lisanne Iriks; “Voluntas: Volunteer Conflict Management for the Volunteering Sector” – Stephen Lancken and Jay Qin; and “Cutting Edge … Cutting the Cost: The Business Case for Conflict Coaching in a Government Workplace” – Noelene Salmon. It also contains an Editorial: “National Mediation Conference Overview” – Mieke Brandon and Callum Campbell.
The latest Part of the Australasian Dispute Resolution Journal contains 4 Special Feature articles: Celebrating 30 Years of ADRA: “ADRA President’s Address 2016” – Katherine Johnson; “Australian Dispute Resolution Association: Its history and its people” – Anne Ardagh; “History and philosophy of nonviolence: Towards an inclusive dispute resolution (DR) curriculum” – David Ardagh; and “International perspectives of dispute resolution” – Dr Paul R Gibson. It also includes the following articles: “International arbitration in Australia: 2015/2016 in review” – Albert Monichino QC and Alex Fawke; “The future of dispute resolution: Online ADR and online courts” – Michael Legg; and “The art of using power as a tool of influence in mediation” – Mohamed Sweify. It also contains Case Notes: “Identifying all members of a class action prior to mediation, and mediation/arbitration media watch” – David Spencer; Book Review: “The Mediators Handbook (Third edition)” by Ruth Charlton, Micheline Dewdney and Geoff Charlton – reviewed by Paul Lewis; and a tribute to the late Micheline Dewdney.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “ADR process design: Considerations for ADR practitioners and party advisors” – Clair Berman-Robinson and Helen Shurven; “Working in ADR with disputants on the Autism Spectrum” – Rebekah M Doley; “Collaborative practice and poverty: Contextualising the process and accommodating the market” – Daye Gang; “ADR and technology” – Stefan RM Lancy; “Applying global standards in using ADR to settle domestic violence cases in Nigeria” – Chukwunweike A Ogbuabor; “Institutional culture in international arbitration” – Fernando Dias Simões; and “Protection of trade secrets in mediation” – Constanze Solveigh Wedding. It also contains Case Notes: “Whether an arbitration agreement is rendered inoperative by a settlement agreement; and mediation media watch” – David Spencer.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Will ADR improve the Australian Taxation Office’s dispute resolution processes?” – Christopher Budd; “Accommodating common mental health issues in mediation” – Rebekah M Doley; “Mediation in the coal-seam gas industry: Improvements made for local stakeholders to grant a social licence” – Danelle Gagliardi; “Was that said with a smile? Factors influencing effective online negotiations” – Claire Holland and Dr Donnalee Taylor; “Should you “lay bare your soul”? The shifting landscape of mediation privilege in New Zealand” – Nina Khouri; “Competing dispute resolution clauses: Arbitration over litigation in Singapore?” – Jasmine Sze Hui Low; and “ADR in VCAT’s guardianship and residential tenancies lists: Room for improvement?” – Claire Thurstans. It also contains Case Notes: “Suing your mediator for negligence; and mediation media watch” – David Spencer.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Broadening the traditional use of mediation to resolve interlocutory issues arising in matters before the courts” – Adele Carr; “Should mediation be the first step in all Family Law Act proceedings?” – Judge Joe Harman; “Facilitating systemic outcomes through anti-discrimination conciliation and the role of the conciliator in this quest” – Rosalie Poole; and “Encouraging dialogue between large and diverse groups: the emerging field of facilitation” – John Woodward. It also contains Case Notes: “Developments in the USA – Contractual damages from a breach of a confidentiality clause in a mediation agreement; a lack of good faith in mediation; and mediation media-watch” – David Spencer; and a Book Review: “International Arbitration & Global Governance Contending Theories and Evidence” by Walter Mattli and Thomas Dietz – review by Magdalene D’Silva.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International arbitration in Australia: 2014/2015 in review” – Albert Monichino QC and Alex Fawke; “The (im)propriety of judicial mediation – David Kwok; “All the way with ADR: Further endorsement of ADR in litigation” – Tina Popa; “Religious tribunals and courts of law – are their decisions or procedural determinations subject to review by secular courts?” – Nadav Prawer; “Mediation of property division in late stage Family law matters: A procedural initiative” – Marilyn Scott; “Emotion in mediation” – Ken Skinner; and “Applying findings from neuroscience to inform and enhance mediator skills” – Craig Smith. It also contains Case notes: “Intervening in mediation; the right to public over private mediation; and mediation media watch” – David Spencer.