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 Thus the Journal would welcome the receipt of unpublished topical articles (up to 5,000 words) and book reviews (up to 1000 words).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 email@example.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.
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.
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.
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.