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.
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 Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.
The latest Part of the Family Law Review includes the following material: “Understanding discretionary trust structures in family law” – Grant T Riethmuller; “Hague Convention on the Civil Aspects of International Child Abduction: The consideration of habitual residence in Australian courts” – Patricia Easteal AM, Joshua Favaloro and Fanny Thornton; “What happened in the Baby Gammy surrogacy case?” – Michael Nicholls QC; Children and Parenting: “State child welfare departments and federal family law matters” – Felicity Bell; Property and Financial Arrangements: “The treatment of uncertain liabilities in applications under s 79 of the Family Law Act” – Anna Parker; Family Dispute Resolution: “Pro bono mediation and the Federal Circuit Court of Australia in Brisbane: Lessons learned” – Donna Cooper; and Recent Cases: Salah v Salah; Oswald v Karrington; and Lindsey v Christie.
The latest Part of the Family Law Review includes the following articles: “Inconsistencies in and the inadequacies of the family counselling and FDR confidentiality and admissibility provisions: The need for reform” – Donna Cooper; and “Let me be me: Parental responsibility, Gillick competence, and transgender minors’ access to hormone treatments” – Katherine France; the following Professional Insights note: “When can a party to contested proceedings have leave to adduce evidence from an adversarial expert when a single expert has already been appointed?” – Richard Ingleby and Anne-Marie Rice; and notes on the following cases: Vadisanis v Vadisanis; Zanda v Zanda; and Cape v Cape.
The latest Part of the ADRJ includes the following material: “International arbitration in Australia: 2013/2014 in review” – Albert Monichino QC and Alex Fawke; “Lawyers behaving badly in mediations: Lessons for legal educators” – Donna Cooper; “Insights from Australian mediators about mediation and access to justice” – Mary Anne Noone and Dr Lola Akin Ojelabi; “Mediation in a cross-cultural setting: What a mediator should know” – Kelvin Lau; and “Mirror, mirror on the wall, is there no r(e)ality in neutrality after all? Re-thinking ADR practices for Indigenous Australians” – Neha Sharma. There is also a Case Note: “Whether coercion by a solicitor in mediation is the subject of advocate immunity and mediation media watch” – David Spencer.
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 latest Part of ADRJ includes the following articles: “International arbitration in Australia: 2012/2013 in review” – Albert Monichino SC and Alex Fawke; “FDR in prisons: Meeting the needs of Aboriginal clients” – Karine Hamilton and Pamela Henry; “The AFL Tribunal System – an insider’s perspective on early neutral evaluation, arbitrary power and judicial intervention” – Andrew Coffey; “Assisting future lawyers to conceptualise their dispute resolution advocacy role” – Donna Cooper; “Elder mediation” – Lise Barry; “Settlement outcomes in sexual harassment complaints” – Paula McDonald and Sara Charlesworth; and “A quantitative analysis of practitioners’ knowledge of fathers and fathers’ engagement in family relationship services” – Richard Fletcher, Emily Freeman, Nicola Ross and Jennifer St George.
The latest Part of ADRJ is a special issue, celebrating 25 Years of LEADR. It includes memories and reflections on the story of the first 25 years of LEADR, the beginnings of LEADR, training in Australian and New Zealand, LEADR today and personal retrospectives. Also in this Part are articles on the benefits of ADR in settling sexual harassment complaints, the emergence of lawyer representatives in ADR, the conflict of confidentiality and public interest for a mediator and the provision of FDR in prisons. Not to be missed!
The August 2011 issue of the Australasian Dispute Resolution Journal is filled with interesting articles on dispute resolution across various topics, including alternative dispute resolution, family dispute resolution, arbitration of corporate governance-related disputes and much more.