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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged A "Curious Order" and the Inherent Power to Order Stays Pending Arbitration, A Call for a Multi-framework Approach to Family Dispute Resolution, ADR Case Notes, ADRJ, Alexander Connolly, anchoring effect in negotiations, articles, Audiovisual links hearings, Australian Financial Complaints Authority, barriers that can deter consumers from making use of complaints mechanisms, Benjamin Teng, Bin Li, book review, Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance, consumers escalating complaints in relation to their claims, COVID-19 Remote Court Hearings Automated Decision-making and Access to Justice, COVID-19 Technology and Family Dispute Resolution, David Spencer, disruption to family law caused by COVID-19, distributive and integrative negotiations, Editorial, Evgenia Bourova, facilitative model of mediation, Family Law Act 1975 (Cth), From Industry Forum for Dispute Resolution to Council for Alternate Dispute Resolvers (14 May 2014–25 August 2020), Garvita Sethi, Geoff Charlton, Hannah Williams, Ian Ramsay, internal dispute resolution (IDR), issues with compliance with the regulatory frameworks governing complaints, Joshua Taylor, justice apps, Katherine Johnson, Lax and Sebenius, Matters of Interest, mediation and arbitration, mediation media watch, Nadja Alexander's Mediation Meta-Model, Online Dispute Resolution (ODR) methods, Paul Ali, Principles of Dispute Resolution by David Spencer, Professor Susskind's ideas for change to improve access to justice, Relevance of First Offers in Distributive and Integrative Negotiation, Rex International Holding Ltd v Gulf Hibiscus Ltd, Ruth Charlton, separation process, Setting Aside a Deed of Settlement, Stephanie Simm, Striking Out Pleadings Containing without Prejudice Privilege Communications, supporting and facilitating family dispute resolution (FDR) during the pandemic, Tania Sourdin, The Hon Michael Kirby AC CMG, videoconferencing technology |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged "African-Gang" crimes, ADR Case Notes, ADRJ, Anti-Arbitration Injunction – A Bangladeshi Developmental Conundrum through the Prism of Australian and Public International Law, Arbitration Act 2001 (Bangladesh), articles, Australian Financial Complaints Authority (AFCA), Australian of African origin, Bangladesh international commercial disputes, Camilla Pondel, cross-border arbitrations involving a Bangladeshi party, David Bogan, David Spencer, Editorial, Farm Debt Mediation in New Zealand, financial external dispute resolution scheme, foreign arbitral awards, Investors Exchange Ltd v Australian Financial Complaints Authority Ltd, Ishrat Jahan, Junayed Ahmed Chowdhury, Lola Akin Ojelabi, Managing Societal Conflicts: Identity Social Inclusion and Values, Matters of Interest, QSuper Board v Australian Financial Complaints Authority Ltd, Recent Judicial Consideration of the Australian Financial Complaints Authority: The Cases of QSuper and Investors Exchange, restorative justice approach to conflict resolution, Ruth Charlton, s 1055 of the Corporations Act 2001 (Cth), social justice, superannuation and non-superannuation complaints, The Legal Framework for International Commercial Arbitration in Bangladesh: Achievements and Proposed Improvements, The Modern Development of Alternative Dispute Resolution in Australia, United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration, Wendy Faulkes, wholesale anti-arbitration injunction |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Andrew L Mason, arbitration, arbitration agreements, articles, award publication, best interests of children, book review, Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children's Best Interests, case management, case managers, casenotes, child-focused parenting plan, Client Case Management: Does It Compromise the FDR Practitioner?, contemporary mediation, David Spencer, Dispute Resolution: A practitioner's guide to successful alternative Dispute Resolution, Donna Cooper, Editorial, Elizabeth Rosa, expert determination, Expert Determination as Dispute Resolution in New Zealand, Family Dispute Resolution, Family Dispute Resolution mediation process, family dispute resolution practitioners, Family Relationships Centres, FDRP, FRC, Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act, Increased Third-party Participation in Arbitral Proceedings, institutional responses to child sexual abuse, Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?, Katherine Johnson, Lack of Capacity to Enter a Mediated Settlement Agreement, Laurence Boulle, Linda Kochanski, Louise Marie Mc Donald, mediation media watch, mediations, Michael Elliott, Michael Mills, Mieke Brandon, Nation Building through Mediation: The Mongolia Experience, New Zealand courts, parenting arrangements, party self-determination, Patrick O'Leary, Rachael Field, Re-appraising Mediation's Value of Self-determination, Rinehart v Hancock Prospecting Pty Ltd, Ruth Charlton, Shane Campbell, Silent Parties in Arbitration, social change, state institutional care, The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law, time arrangements |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged .au Dispute Resolution Policy (auDRP), ADRJ, advanced practice issues for FDR practitioners, Alpana Roy, Alysoun Boyle, Book reviews, Bruno Zeller, case notes, confidentiality in mediation, Danielle Jaku-Greenfield, David Spencer, Dr Katherine Pavlidis Johnson, Dr Susan Douglas, Editorial, immunity in mediation, international mediation in data protection, John Woodward, Leon Trakman, Lola Akin Ojelabi, mandatory ADR and litigation costs, Mary Riley, Mediation Quest - Making Sense of Loss, Miriam Ziegler, Nicole Ash, NMC 2019, online dispute resolution (ODR) systems, restorative justice in civil mediation, Robert Walters, Ruth Charlton, Sinta Dewi, Ummey Sharaban Tahura, UNCITRAL Convention, Uniform Domain Name Dispute Resolution Policy (UDRP), vititating factors in settlement agreement |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged "final-offer" arbitration, Aayushi Singh, ADR in Kazakhstan vs NSW and Victoria, ADRJ, Albert Monichino QC, Alex Fawke, Almas Serikuly, Andrew Greenhalgh, Arhat Abikenov, case notes, comparative study of Asian arbitration centres, Craig Edwards, David Spencer, differences in setting aside arbitral awards, Dr Katherine Johnson, Dr Lola Akin Ojelabi, Editorial, EDRs replaced by Australian Financial Complaints Authority (AFCA), external dispute resolution (EDR), George Pasas, Giuseppe Carabetta, international arbitration in Australia, Jonathan Crowe, Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610, mediation media watch NZ edition, mediator impartiality, Mr Alex Fawke, new ADRJ editorial consultants, policy arbitration in New Zealand, Professor Joel Lee Tye Beng, Rachael Field, Ruth Charlton, s 27D of the Uniform Commercial Arbitration Acts, Saida Assanova, UNCITRAL Model Law |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Allison Ballard, alternative dispute resolution techniques, anti-bullying approaches in the Fair Work Commission, Book reviews, case notes, Christina Platz, David Spencer, Doris Bozin, Dr Tina Popa, Family Law Act 1975 (Cth), Kathy Douglas, Kay Feeney, Laurence Boulle, Linda Fisher, Mediating with Families, Mediation in Australia, Mediation Watch, mediators and workplace bullying, Mieke Brandon, Patricia Easteal, Paul Lewis, property settlements and spousal maintenance for the elderly, Rachael Field, Ruth Charlton, Ruth Charlton's first 10 years with the NSW Community Justice Centre, Ryan Murphy, Tania Sourdin, teaching mediation using video and peer discussion, unjust resolution of bullying disputes |
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.
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Ahsan Ashraf, alternative dispute resolution procedures, Ashley Palmer, book review, casenotes and mediation media watch, Deborah Keenan, Donna Cooper, Editorial, family dispute resolution in Australia, Leigh Moriarty, Mieke Brandon, Paul Lewis, Professor David Spencer, Queensland Anti-Discrimination Commission, relationships mediation, Ruth Charlton, Sir Laurence Street AC KCMG, The Handover Book, uncertainty in dispute resolution clauses |
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Will Somebody Please Think of the Children?! Child Focused and Child Inclusive Models in Family Dispute Resolution” – Dr Hadeel Al-Alosi; “Apologies, Mediation and the Law: Resolution of Civil Disputes” – Robyn Carroll, Alfred Allan and Margaret Halsmith; “The Field of Dreams” – Judge Joe Harman; “Default Proceedings in Arbitration” – Low Sze Hui Jasmine; “Costs, Claims and Counter-claims or Victims, Vindication and Victory: The “Real Issue” and the Case for Mediation in Von Marburg v Aldred (No 3)” – André Retrot; and “The Mediating Brain” – Benjamin Allen and Tania Sourdin. It also contains Case Notes: “Restraining Solicitors from Acting in Post-Mediation Proceedings; and Mediation Media Watch” – Professor David Spencer.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Alfred Allan, André Retrot, barriers impeding family dispute resolution, Benjamin Allen, case notes, children’s participatory rights in pre-trial mediation, civil dispute resolution, default proceedings in arbitration, Dr Hadeel Al-Alosi, Family Dispute Resolution, Family Law (Family Dispute Resolution Practitioner) Regulations 2008 (Cth), impact of emotions on decision-making, Judge Joe Harman, listening to children in family court proceedings, locating FDR service providers, locating FDRPs via databases, Low Sze Hui Jasmine, Margaret Halsmith, mediation and civil disputes, mediation media watch, mediator interventions, post-mediation proceedings, Professor David Spencer, protection of children's participatory rights, Robyn Carroll, Tania Sourdin, Von Marburg v Aldred (No 3) |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged access to essential medicines, Adele Carr, ADRJ, annual review, arbitral award under The Commercial Arbitration Act, case notes, Commercial Arbitration Act 2011 (Vic), community-based dispute resolution (CBDR), David Spencer, faith-based dispute resolution (FBDR), impact of ISDS on public health policy-making, Investor-State Dispute Settlement (ISDS), involvement of senior management in dispute resolution, ISDS provisions in an International Investment or Free Trade Agreement, Karina Ewer, managing workplace conflict, Matt Harvey, mental health of employees, Muhammad Zaheer Abbas, Nadav Prawer, Nussen Ainsworth, protection of environment, Senior Executive Appraisal (SEA), Senior Executive Appraisal in Alternative Dispute Resolution, Shamreeza Riaz, tobacco control regulations, workplace health and safety |
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