alternative dispute resolution
The latest Part of the Building and Construction Law Journal includes the following article: “Expert Determination – The Peter Pan of ADR? Challenges to the Expert Determination Process and Practical Insights for Its Use” – Leigh Duthie. Also in this Part is an Editorial; and the following case Reports: RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors  QCA 214; and The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor  NSWSC 1127.
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 Journal of Civil Litigation and Practice includes the following articles: “Three contemporary issues in civil litigation: Discovery, expert evidence, and alternative dispute resolution” – The Honourable Thomas Frederick Bathurst AC; “Civil justice: Haves, have-nots and what to do about them” – Justice Stephen Kós; and “Disaster & resilience: The Canterbury earthquakes and their legal aftermath” – Justice Stephen Kós. Also in this Part are the editorial Comments on “Experts and Opinion Evidence” – Damien J Cremean; and “A Question of Malice: United Kingdom Supreme Court Justices Split 5-4 in Willers v Joyce (Executors of Albert Gubay Deceased)  UKSC 43” – Roderick Joyce.
This Part of the Local Government Law Journal includes the following content: “Neighbour disputes: ADR opportunities for councils in NSW” – Frances Richards; Local Government & Planning Law Guide cases; and a Digest of cases.
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: “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: “Resistance to the teaching of ADR in the legal academy” – Pauline Collins; “Landing in the right class of subject to contract agreements” – David Spencer; “Tipping the scales – to what extent does the presence of power imbalances detract from the efficacy of principled negotiation?” – John Woodward; “A theory of interest-based dispute management in business format franchising” – Courtenay Atwell; “Zombie mediations” – Dr Rhain Buth; and “Using conflict coaching to support people to develop a secure mind in relation to conflict” – Karen Prime.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Reasonable and proportional discovery in the digital paradigm: The role of lawyers and judges in the context of the New Zealand discovery rules” – David Harvey; “‘A different day in court’: Exploring the place of judicial mediation in Ontario’s alternative dispute resolution landscape” – Nicole Aylwin and Trevor C W Farrow; and “The system of employment rights dispute in Ireland” – Caroline Bergin-Cross. There is also a Comments section and case notes for the following cases: Cash Converters International LTD v Gray and Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd.
The latest Part of ADRJ includes the following articles: “Information, power and relationships: Minimising barriers to access to justice for end of life disputes” – Katherine Curnow; “Representing clients from courtroom to mediation settings: Switching hats between adversarial advocacy and dispute resolution advocacy” – Donna Cooper; “Court connected dispute resolution – whose interests are being served?” – John Woodward; “Multiple party mediation: Complexities and strategies” – Helen Shurven; and “Loss and hope in family dispute resolution” – Mieke Brandon.
The Building & Construction Law Journal started publishing in July 1985, and has now reached its 30th volume. The first issue opened with an Editorial which noted: Building and construction law is a rapidly evolving and very complex field. It was felt timely to produce a publication which would provide an overview of the entire area, keeping informed ...more