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.
Australasian Dispute Resolution Journal update: Vol 29 Pt 2
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.
Australasian Dispute Resolution Journal update: Vol 28 Pt 4
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.
Australasian Dispute Resolution Journal update: Vol 28 Pt 3
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.
Australasian Dispute Resolution Journal update: Vol 28 Pt 2
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.
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