alternative dispute resolution
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Foreign Bribery Regulation in Australia and ‘Stepping Stones’ Director Liability” – Vivienne Brand; “Insider Trading, Materiality and the Reasonable Person: Who Must Be Influenced for Information to Have a ‘Material Effect’?” – Juliette Overland; “Termination for Convenience or Not?” – William Dixon; and “Alternative Dispute Resolution in Public, Essential and Emergency Services” – Giuseppe Carabetta. Also in this Part are the following sections: Competition Law and Market Regulation: “The Productivity Commission’s Recommendations on the Intellectual Property Exemption under the Competition and Consumer Act” – Brent Fisse; Industrial and Workplace Relations Law: “Exercising the Wisdom of Solomon: The Fair Work Commission’s Penalty Rates Decision” – Dr Victoria Lambropoulos; and Intellectual Property Law: “The Death of Innovation (Patents) in Australia?” – Campbell Thompson.
The latest Part of the Family Law Review includes the following material: “The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia” – Judge Joe Harman; “Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes” – Hayley Boxall and Dr Jason Payne; “The reach and efficacy of s 121 of the Family Law Act” – Sharon Rodrick and Adiva Sifris; Child Support: “Child support and the autochthonous expedient” – Simon Bacon; Property and Financial Arrangements: “Justice, equity and alteration of individual property interests” – Will Stidston and Anna Parker; Practice and Procedure: “The teetering capacity of family law litigants: The risks to mentally ill litigants when the court is unaware they lack capacity” – Bridget Cullen; In the High Court: “Parenting orders, children’s views, order in favour of ‘strangers’: Bondelmonte – Dean Foley; and Recent Cases: Lane v Nichols, Masters v Cheyne, Fewster v Drake, and Russo v Wylie.
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.