Australasian Dispute Resolution Journal update: Vol 31 Pt 3
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Characterisation of, and Recourse against, Negative Jurisdictional Decisions in Australia” – Alexander du Maurier; “Measuring Effective Complaint Handling by Government” – Tania Sourdin, Jamie Carlson, Martin Watts, Christine Armstrong, Tanya Carlyle and David McGeoch; “Lessons and Opportunities for Negotiation Teachers Following the COVID-19 Pandemic” – Ana Lenard; “Teaching FDR in Law School Clinical Programs: The Lawyer-Assisted Family Dispute Resolution Clinic” – Dr Jacqueline Weinberg and Jennifer Lindstrom; “Order out of Court: Insights on the Lawyers’ Role in the Success and Failure of Mediation in Cebu City, Philippines” – Francis Michael C Abad; and “Home Run or Strikeout? Is Baseball Arbitration a Viable Dispute Resolution Procedure for Australia?” – Myles Bayliss. It also contains the following sections: Editorial; ADR Case Notes: “Native Title Mediation and COVID-19”.
Australasian Dispute Resolution Journal update: Vol 31 Pt 2
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation and Negotiation in Legal Disputes” – Michael McHugh AC QC; “Mediating Workplace Bullying: A Reflective Case Study” – Elizabeth Spencer; “The Emotional Advantage: How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict” – Sophie Whittaker; “Mediation for Tackling Nigerian Medical Disputes: A Mutually Beneficial Option?” – Adesina Temitayo Bello and Adetoun Onibokun; “Carve Outs in Arbitration Agreements: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2]” – Thomas Camp; “The Court of Arbitration for Sport and the Shayna Jack Doping Case” – James Duffy and John O’Brien; and “Family Dispute Resolution for Property Matters: The Case for Making Space” – Genevieve Heard, Andrew Bickerdike and Jamie Lee.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Case Notes: Misleading Conduct in the Procurement of a Mediated Settlement Agreement” – David Spencer; Matters of Interest: “The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations” – Katherine Johnson; and Book Review: “Legal Reasoning Across Commercial Disputes”, by Professor SI Strong – Reviewed by Russell Thirgood.
Australasian Dispute Resolution Journal update: Vol 31 Pt 1
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International Arbitration in Australia: 2019/2020 in Review” – Albert Monichino QC and Alex Fawke; “Ex parte Enforcement of Arbitral Awards and the Rule of Law: Mineralogy v Western Australia” – Albert Monichino QC and Gianluca Rossi; “Co-housing Disputes: Strategies for Harmonious Conflict Resolution?” – Kathy Douglas, Christina Platz and Robin Goodman; “Mediation Preferred for Resolution of Communal Disputes in Nigeria” – Adesina Temitayo Bello, PhD and Ucheoma Chinaemeremnma Awa; “Post Separation: How Can FDR Positively Influence the Impact of Culture on the Lives of Children?” – Dr Bethaina Dababneh and Mieke Brandon; “Introducing Relationship Mediation for FDR Practitioners and Other Experienced Mediators in 2021” – Mieke Brandon; and “Mediating Workplace Conflict – Reviewing the Evidence” – Dr Emily Schindeler.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Snapshots from the Federal Court of Australia: Discovery Prior to Mediation; and Lack of Good Faith in Farm Debt Mediation” – David Spencer; Matters of Interest: “Mediation Quest: Theories Grounded in Experiences of Life” – Katherine Johnson; and Book Review: “Alternative Dispute Resolution”, by Tania Sourdin – Reviewed by Dr Lola Akin Ojelabi.
Australasian Dispute Resolution Journal update: Vol 30 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “COVID-19, Remote Court Hearings, Automated Decision-making and Access to Justice” – The Hon Michael Kirby AC CMG; “COVID-19, Technology and Family Dispute Resolution” – Tania Sourdin, Bin Li, Stephanie Simm and Alexander Connolly; “A Call for a Multi-framework Approach to Family Dispute Resolution” – Joshua Taylor; “A “Curious Order” and the Inherent Power to Order Stays Pending Arbitration: Rex International Holding Ltd v Gulf Hibiscus Ltd” – Benjamin Teng and Hannah Williams; “Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance” – Evgenia Bourova, Ian Ramsay and Paul Ali; and “Relevance of First Offers in Distributive and Integrative Negotiation” – Garvita Sethi. It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Setting Aside a Deed of Settlement; Striking Out Pleadings Containing without Prejudice Privilege Communications; and Mediation Media Watch” – David Spencer; Matters of Interest: “From Industry Forum for Dispute Resolution to Council for Alternate Dispute Resolvers (14 May 2014–25 August 2020)” – Katherine Johnson; and Book Review: “Principles of Dispute Resolution”, by David Spencer – Reviewed by Geoff Charlton.
Australasian Dispute Resolution Journal update: Vol 30 Pt 3
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Managing Societal Conflicts: Identity, Social Inclusion and Values” – Lola Akin Ojelabi; “Recent Judicial Consideration of the Australian Financial Complaints Authority: The Cases of QSuper and Investors Exchange” – Camilla Pondel; “The Legal Framework for International Commercial Arbitration in Bangladesh: Achievements and Proposed Improvements” – Ishrat Jahan; and “Anti-Arbitration Injunction – A Bangladeshi Developmental Conundrum through the Prism of Australian and Public International Law” – Junayed Ahmed Chowdhury. It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “A Matter Inappropriate for Mediation; and, to Adopt or Not to Adopt … a Referee’s Report” – David Spencer; and Matters of Interest: “Farm Debt Mediation in New Zealand” – David Bogan; and “The Modern Development of Alternative Dispute Resolution in Australia” – Wendy Faulkes.
Australasian Dispute Resolution Journal update: Vol 30 Pt 2
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Re-appraising Mediation’s Value of Self-determination” – Laurence Boulle and Rachael Field; “Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?” – Louise Marie Mc Donald and Patrick O’Leary; “The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law” – Michael Elliott; “Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children’s Best Interests” – Donna Cooper; “Client Case Management: Does It Compromise the FDR Practitioner?” – Mieke Brandon and Linda Kochanski; “Expert Determination as Dispute Resolution in New Zealand” – Shane Campbell; “Silent Parties in Arbitration: Does Rinehart v Hancock Prospecting Pty Ltd Open the Door for Increased Third-party Participation in Arbitral Proceedings?” – Andrew L Mason; and “Nation Building through Mediation: The Mongolia Experience” – Katherine Johnson. It also contains the following sections: Editorial – Ruth Charlton; Case Notes: “Lack of Capacity to Enter a Mediated Settlement Agreement; and Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act; and Mediation Media Watch” – David Spencer; and Book Review: “Dispute Resolution: A practitioner’s guide to successful alternative Dispute Resolution”, by Michael Mills – Reviewed by Mieke Brandon and Elizabeth Rosa.
Australasian Dispute Resolution Journal update: Vol 30 Pt 1
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Is There a Place for Restorative Justice in Civil Mediation?” – Mary Riley and Susan Douglas; “Walking the Tightrope: Exploring the Relationship between Confidentiality and Disputant Participation” – John Woodward; “Does Mandatory ADR Impact on Access to Justice and Litigation Costs?” – Ummey Sharaban Tahura; “Online Dispute Resolution in the Domain Name Space” – Alpana Roy; “UNCITRAL Convention – Mediation’s Big Bang: Can Mediation Challenge Arbitration’s Dominance?” – Sala Sihombing; “The Role of International Mediation in Data Protection and Privacy Law – Can It Be Effective?” – Sinta Dewi, Robert Walters, Bruno Zeller and Leon Trakman; and “Advanced Practice Issues for Family Dispute Resolution Practitioners” – Danielle Jaku-Greenfield, Miriam Ziegler and Nicole Ash. It also contains the following sections: Editorial: “NMC2019: Articles, Observation, and Data” – Alysoun Boyle and Dr Susan Douglas; Case Notes: “Advocate Immunity in Mediation; and Setting Aside a Mediated Settlement Agreement for Vitiating Factors” – Professor David Spencer; and Book Reviews: “Mediation Quest – Making Sense of Loss”, by Dr Katherine Pavlidis Johnson – Reviewed by Lola Akin Ojelabi.
Australasian Dispute Resolution Journal update: Vol 29 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International Arbitration in Australia: 2017/2018 in Review” – Albert Monichino QC and Alex Fawke; “Australia and Singapore – Differences in Applications to Set Aside an Arbitral Award?” – Craig Edwards; “Comparative Study of Asian Arbitration Centres vis-a-vis Public Interest and Transparency Measures” – Aayushi Singh; “Final Offer as a First Choice? Police Arbitration: A New Zealand Case Study” – Giuseppe Carabetta; “The Arbitrator as Mediator: Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610” – George Pasas; “The Empty Idea of Mediator Impartiality” – Jonathan Crowe and Rachael Field; “Will the Creation of AFCA Be of Benefit to the Parties That Come Before It?” – Andrew Greenhalgh; and “A Comparative Analysis of the Mediation in Kazakhstan and States of Victoria and New South Wales” – Saida Assanova, Almas Serikuly and Arhat Abikenov. It also contains an Editorial: “The Panel of Editorial Consultants” – Ruth Charlton; and Case Notes: “New Zealand Edition – Ordering Specific Performance of a Mediated Settlement Agreement; Mediated Settlement Agreement Not Privileged; and Mediation Media Watch NZ Edition”; “Mediation Media Watch – New Zealand Edition” – David Spencer.
In 2019 ADRJ Will Celebrate 30 Years of Publishing ADR Articles
The Australasian Dispute Resolution Journal, published by Thomson Reuters (then Law Book Co), was a pioneer in venturing into the field of publishing academic articles relating to mediation. This came about through the efforts of the late Micheline Dewdney and Ruth Charlton, supported by ADRA and encouraged by the late Sir Laurence Street. Innovation and research continues to expand our knowledge in the broad field of dispute resolution. Thus the Journal would welcome the receipt of unpublished topical articles (up to 5,000 words) and book reviews (up to 1000 words). All articles are peer reviewed. Contributions should be emailed to the Thomson Reuters Editor at lta.adrj@thomsonreuters.com.
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