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 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 first Part of ADRJ for 2012 includes several articles of interest covering such diverse topics as pre-litigation mediation, the Australian approach to enforcing arbitration agreements, the facilitative process and evaluative processed of mediation, intimate partner violence and family dispute resolution, conflict resolution processes in the workplace, the ways in which mentalising might apply in mediation and the development and range of mediation available in Germany. There is also a Case notes section and a book review.
The last Part of the 2011 volume of the Building and Construction Law Journal includes articles on expert determination as a means of resolving general disputes arising under construction contracts and fixed time/fixed price collaborative contracts. There is also a Topic of Interest regarding suing for defects and joint or several tortfeasors. This issue also includes a book review and four Reports.
The last Part in Volume 22 of the Australasian Dispute Resolution Journal includes several interesting articles related to dispute resolution in Australia and internationally. There are articles on the challenges faced by student ombuds in Australian universities, the legislative, policy, case law and institutional developments in international arbitration in Australia since 2010, impugning expert determinations and the merits of international arbitration-related legal frameworks, plus much more.