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.
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
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.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Misattributed paternity disputes: The application of collaborative practice as an alternative to court” – Emily Kwok and Dianna T Kenny; “Artistry in mediator practice: Reflections from mediators” – Kathy Douglas and David Goodwin; “The pros, cons, and maybes of telephone mediation: A conversation about the “fourth party”” – Helen Shurven and Archie Zariski; “An alternative model for the application of intervention orders in Victoria” – Edward Davis; “The child’s voice in FDR: Mediation and child-informed practice” – Mieke Brandon and Linda Kochanski; and “Evaluating collaborative law in the Australian context” – Henry Kha.