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
Mr David Spencer, Solicitor and Senior Lecturer, Thomas More Law School, Australian Catholic University
Dr Tom Altobelli, Justice, Family Court of Australia
Dr Laurence Boulle AM, Honorary Adjunct Professor, Bond University
Ms Mieke Brandon, Facilitative Mediator, Supervisor and Author, Queensland
Mr Vyapak Desai, Head, Int’l Dispute Resolution and Investigation Practice, Nishith Desai Associates, India
Dr Susan Douglas, Retired Law Academic, Legal Practitioner and Nationally Accredited Mediator
Mr Alex Fawke, Managing Associate, Dispute Resolution Department, Linklaters LLP, London
Dr Rachael Field, Professor of Law, Bond University, Gold Coast
Ms Margaret Halsmith, Director and Principal Practitioner of Halsmith Dispute Resolution, Perth
Dr Katherine Johnson, Barrister and Mediator, Sydney
Dr Robert Kovacs, Senior Associate, Dispute Resolution, Withers LLP, London
Professor Joel Lee Tye Beng, Professor, Faculty of Law, National University of Singapore
Mr Paul A Lewis, Partner, Eakin McCaffery Cox, Sydney
Mr Ian Macduff, Director, NZ Centre for Information and Communications Technology, Law School, University of Auckland
Dr Lola Akin Ojelabi, Senior Lecturer and Director of Programs, School of Law, La Trobe University, Melbourne
Mr Greg Rooney, Mediator and Arbitrator, Bridgewater, South Australia
Ms Donna Ross, Mediator and Arbitrator, Donna Ross Dispute Resolution, Melbourne
Mr Russell Thirgood, Partner, McCullough Robinson, Brisbane
Ms Mary Walker, Barrister and Mediator, Sydney
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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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: “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.
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.
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.
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.
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.
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  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.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Skilled Mediators and Workplace Bullying” – Ryan Murphy and Tania Sourdin; “ADR: Championing the (Unjust) Resolution of Bullying Disputes?” – Doris Bozin, Allison Ballard and Patricia Easteal; “Property Settlements and Spousal Maintenance for the Elderly” – Kay Feeney; “Teaching Mediation Using Video and Peer Discussion: An Engaged Video Learning Model” – Kathy Douglas, Dr Tina Popa and Christina Platz; and “Mediation – My First Ten Years: 1982–1992” – Ruth Charlton. It also contains Case Notes: “Mediator Advice and an Attorney Gone Missing – Baas v Baas”; “Mediator Fees as Costs Reasonably Necessary to the Conduct of Litigation – Berkeley Cement Inc v Regents of the University of California”; “Mediation Media Watch” – David Spencer; and Book Reviews: “Mediating with Families” by Mieke Brandon and Linda Fisher and “Mediation in Australia” by Laurence Boulle and Rachael Field – Reviewed by Paul Lewis.
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 firstname.lastname@example.org.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Court System and Alternative Dispute Resolution Procedures” – Sir Laurence Street AC KCMG; “Looking Backwards to Move Forwards: Reviewing Sir Laurence Street’s First Scholarly Contribution to the ADRJ” – Professor David Spencer; “‘I love you when I love you if, I love you because…’: Relationship Mediation” – Mieke Brandon; “Uncertainty in Dispute Resolution Clauses: Is There a Way to Escape the Commercial Bargain?” – Ahsan Ashraf; and “A Model to Use When Representing Clients in Conciliation Conferences in the Queensland Anti-Discrimination Commission” – Donna Cooper and Deborah Keenan. It also contains the following sections: Editorial – Ruth Charlton; Casenotes and Mediation Media Watch – David Spencer; and Book Review: “The Handover Book” by Ashley Palmer and Leigh Moriarty – Paul Lewis.