Australasian Dispute Resolution Journal update: Vol 30 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “COVID-19, Remote Court Hearings, Automated Decision-making and Access to Justice” – The Hon Michael Kirby AC CMG; “COVID-19, Technology and Family Dispute Resolution” – Tania Sourdin, Bin Li, Stephanie Simm and Alexander Connolly; “A Call for a Multi-framework Approach to Family Dispute Resolution” – Joshua Taylor; “A “Curious Order” and the Inherent Power to Order Stays Pending Arbitration: Rex International Holding Ltd v Gulf Hibiscus Ltd” – Benjamin Teng and Hannah Williams; “Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance” – Evgenia Bourova, Ian Ramsay and Paul Ali; and “Relevance of First Offers in Distributive and Integrative Negotiation” – Garvita Sethi. It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Setting Aside a Deed of Settlement; Striking Out Pleadings Containing without Prejudice Privilege Communications; and Mediation Media Watch” – David Spencer; Matters of Interest: “From Industry Forum for Dispute Resolution to Council for Alternate Dispute Resolvers (14 May 2014–25 August 2020)” – Katherine Johnson; and Book Review: “Principles of Dispute Resolution”, by David Spencer – Reviewed by Geoff Charlton.
Australasian Dispute Resolution Journal update: Vol 30 Pt 3
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Managing Societal Conflicts: Identity, Social Inclusion and Values” – Lola Akin Ojelabi; “Recent Judicial Consideration of the Australian Financial Complaints Authority: The Cases of QSuper and Investors Exchange” – Camilla Pondel; “The Legal Framework for International Commercial Arbitration in Bangladesh: Achievements and Proposed Improvements” – Ishrat Jahan; and “Anti-Arbitration Injunction – A Bangladeshi Developmental Conundrum through the Prism of Australian and Public International Law” – Junayed Ahmed Chowdhury. It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “A Matter Inappropriate for Mediation; and, to Adopt or Not to Adopt … a Referee’s Report” – David Spencer; and Matters of Interest: “Farm Debt Mediation in New Zealand” – David Bogan; and “The Modern Development of Alternative Dispute Resolution in Australia” – Wendy Faulkes.
Australasian Dispute Resolution Journal update: Vol 30 Pt 2
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Re-appraising Mediation’s Value of Self-determination” – Laurence Boulle and Rachael Field; “Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?” – Louise Marie Mc Donald and Patrick O’Leary; “The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law” – Michael Elliott; “Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children’s Best Interests” – Donna Cooper; “Client Case Management: Does It Compromise the FDR Practitioner?” – Mieke Brandon and Linda Kochanski; “Expert Determination as Dispute Resolution in New Zealand” – Shane Campbell; “Silent Parties in Arbitration: Does Rinehart v Hancock Prospecting Pty Ltd Open the Door for Increased Third-party Participation in Arbitral Proceedings?” – Andrew L Mason; and “Nation Building through Mediation: The Mongolia Experience” – Katherine Johnson. It also contains the following sections: Editorial – Ruth Charlton; Case Notes: “Lack of Capacity to Enter a Mediated Settlement Agreement; and Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act; and Mediation Media Watch” – David Spencer; and Book Review: “Dispute Resolution: A practitioner’s guide to successful alternative Dispute Resolution”, by Michael Mills – Reviewed by Mieke Brandon and Elizabeth Rosa.
Australasian Dispute Resolution Journal update: Vol 30 Pt 1
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Is There a Place for Restorative Justice in Civil Mediation?” – Mary Riley and Susan Douglas; “Walking the Tightrope: Exploring the Relationship between Confidentiality and Disputant Participation” – John Woodward; “Does Mandatory ADR Impact on Access to Justice and Litigation Costs?” – Ummey Sharaban Tahura; “Online Dispute Resolution in the Domain Name Space” – Alpana Roy; “UNCITRAL Convention – Mediation’s Big Bang: Can Mediation Challenge Arbitration’s Dominance?” – Sala Sihombing; “The Role of International Mediation in Data Protection and Privacy Law – Can It Be Effective?” – Sinta Dewi, Robert Walters, Bruno Zeller and Leon Trakman; and “Advanced Practice Issues for Family Dispute Resolution Practitioners” – Danielle Jaku-Greenfield, Miriam Ziegler and Nicole Ash. It also contains the following sections: Editorial: “NMC2019: Articles, Observation, and Data” – Alysoun Boyle and Dr Susan Douglas; Case Notes: “Advocate Immunity in Mediation; and Setting Aside a Mediated Settlement Agreement for Vitiating Factors” – Professor David Spencer; and Book Reviews: “Mediation Quest – Making Sense of Loss”, by Dr Katherine Pavlidis Johnson – Reviewed by Lola Akin Ojelabi.
Australasian Dispute Resolution Journal update: Vol 29 Pt 4
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International Arbitration in Australia: 2017/2018 in Review” – Albert Monichino QC and Alex Fawke; “Australia and Singapore – Differences in Applications to Set Aside an Arbitral Award?” – Craig Edwards; “Comparative Study of Asian Arbitration Centres vis-a-vis Public Interest and Transparency Measures” – Aayushi Singh; “Final Offer as a First Choice? Police Arbitration: A New Zealand Case Study” – Giuseppe Carabetta; “The Arbitrator as Mediator: Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610” – George Pasas; “The Empty Idea of Mediator Impartiality” – Jonathan Crowe and Rachael Field; “Will the Creation of AFCA Be of Benefit to the Parties That Come Before It?” – Andrew Greenhalgh; and “A Comparative Analysis of the Mediation in Kazakhstan and States of Victoria and New South Wales” – Saida Assanova, Almas Serikuly and Arhat Abikenov. It also contains an Editorial: “The Panel of Editorial Consultants” – Ruth Charlton; and Case Notes: “New Zealand Edition – Ordering Specific Performance of a Mediated Settlement Agreement; Mediated Settlement Agreement Not Privileged; and Mediation Media Watch NZ Edition”; “Mediation Media Watch – New Zealand Edition” – David Spencer.
Australasian Dispute Resolution Journal update: Vol 28 Pt 4
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.
Australasian Dispute Resolution Journal update: May 2016
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.
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