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.
The latest Part of the Australian Journal of Competition and Consumer Law marks the journal’s 25th anniversary, and includes the following articles: “Triple A Rated? Regulating Online Information Disclosures” – Robert Walker and Rosannah Healy; “Is There a Gap in the Unfair Contract Term Provisions Between a ‘Consumer Contract’ and a ‘Small Business Contract’?” – Peter Sise; “The Cartelist’s Dilemma: Leniency Policies and Game Theory” – Nick Kotzman; Authorisations and Notifications; Consumer Protection; Enforcement and Remedies; Telecommunications; Case Notes; Energy Etchings; Snapshots; and Report from Africa.
This Part of the Northern Territory Law Journal includes the article “When the vulnerable offend?” – Judge Sue Oliver; and the following article based on a paper originally presented at the Criminal Lawyers Association of the Northern Territory (CLANT) Conference in 2015: “Unjust Labels – joint enterprise and extended common purpose” – Felicity Gerry QC and Suzan Cox QC; as well as Case Notes.
The latest Part of the Journal of Civil Litigation and Practice includes a Tribute to the Founding Editor of the Journal, Dr Damien Cremean, marking his retirement from the Journal. This Part also includes the following article: “When does a consent order operate as or evidence a contract?” – Alexander Sloan. Also in this Part are Editorial Comments and Case Notes.
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 Australian Journal of Competition and Consumer Law includes the following articles: “Could the Harper Review recommendations revive private enforcement of cartel prohibitions?” – Rebecca Gilsenan; “Place names as marketing tools: Legal issues in the use of geographic names” – Neil Francey; and “Are we there yet? A return to the rational for Australian consumer protection” – Brenton Lee Worth; and the following sections: Access to Services; Telecommunications; Case Notes; Tribunal Tableaux; Council Considerations; Energy Etchings; Snapshots; Report from Europe; Report from New Zealand; and Book Review.
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 Australian Journal of Competition and Consumer Law includes the following articles: “Serving the goals of trademark owners through the Australian Consumer Law: A reflection on Google Inc v ACCC” – Althaf Marsoof; and “Exempting environmental protection boycotts from competition laws: Should purpose or public benefit be the test?” – David Goodwin; and the following sections: Defective Goods, Case Notes; Report from India; Report from North America; Benchmarks; and Book Review.