Family Dispute Resolution
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: “Will Somebody Please Think of the Children?! Child Focused and Child Inclusive Models in Family Dispute Resolution” – Dr Hadeel Al-Alosi; “Apologies, Mediation and the Law: Resolution of Civil Disputes” – Robyn Carroll, Alfred Allan and Margaret Halsmith; “The Field of Dreams” – Judge Joe Harman; “Default Proceedings in Arbitration” – Low Sze Hui Jasmine; “Costs, Claims and Counter-claims or Victims, Vindication and Victory: The “Real Issue” and the Case for Mediation in Von Marburg v Aldred (No 3)” – André Retrot; and “The Mediating Brain” – Benjamin Allen and Tania Sourdin. It also contains Case Notes: “Restraining Solicitors from Acting in Post-Mediation Proceedings; and Mediation Media Watch” – Professor David Spencer.
This Special Issue of the Australasian Dispute Resolution Journal features a selection of papers from the National Mediation Conference 2016 on the theme of “Thought, Innovation and Creativity: The Next Decade”, and includes the following articles: “Solution-focused Family Dispute Resolution” – Fredrike P Bannink; “The Essential Nature of a Collaborative Practice Group for Successful Collaborative Lawyers” – Pauline Collins and Marilyn Scott; “Whose Role is it to Support the Child’s Right to Culture in Australia?” – Bethaina Dababneh; “Beyond Resolution – Conceptualising the Shift from Resolution to Defusion in FDR” – Andi Doerr; “Working with Trans or Gender Diverse, Intersex and/or Non-heterosexual Clients: Advice for Mediators” – Samantha Hardy, Olivia Rundle and Damien W Riggs; “Co-creating Mediation Models: Adapting Mediation Practices when Working across Cultures” – Judith Herrmann and Claire Holland; “Before Mediation: Designing Processes for the Next Decade – Matching Process with the Purpose” – Jill Howieson and Lisanne Iriks; “Voluntas: Volunteer Conflict Management for the Volunteering Sector” – Stephen Lancken and Jay Qin; and “Cutting Edge … Cutting the Cost: The Business Case for Conflict Coaching in a Government Workplace” – Noelene Salmon. It also contains an Editorial: “National Mediation Conference Overview” – Mieke Brandon and Callum Campbell.
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 material: “Comment on the 2015 report of the Parliamentary Inquiry into the Child Support Program” – Maria Vnuk, Bruce Smyth and Tempe Archer; “Reconceptualising the treatment of “notional” assets in property settlement proceedings” – Richard Ingleby; Professional Insights: “The Notice of Risk: Why it is important and how to complete it” – Joe Harman; Children and Parenting: “Who is a parent and why does it matter?” – Felicity Bell; Child Support: “Informality in child support litigation” – Simon Bacon; Family Dispute Resolution: “Facilitative mediation in the family law arena: A good idea or an unreachable goal?” – Tamsyn Hinksman and Anne-Marie Rice; and Recent Cases: Donald v Forsyth; Elgin v Elgin; Jackson v Macek; and Janssen v Janssen.
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 the Family Law Review includes the following articles: “Applying the s 75(2) factors to the division of family property: A principled approach” – Patrick Parkinson; and “Legal capacity and case guardians – Part 2: The institution of proceedings and appointment of case guardians” – Brendan Ashdown. Also in this Part are the following sections: Family Dispute Resolution: Face-to-face, telephone and online mediation: Advantages and disadvantages; International Family Law: Recognition of foreign marriages and divorces; Recent Cases: Commissioner of Taxation v Darling (Access to and use of documents on court file) and Bondelmonte v Bondelmonte (S 75(2) factors – Lack of reasons – Substantial injustice).
The latest Part of Family Law Review includes the following articles: “The “grave risk” or “intolerable situation” defence in cases of domestic violence under the Hague Child Abduction Convention: When will risk to a parent amount to risk to a child?” – Suzanne Christie; and “A study of outcomes post-return to Australia under the Hague Child Abduction Convention for abducting primary-carer mothers and their children” – Danielle Bozin- Odhiambo. Also included in this Part are the following sections: Professional Insights; Child Support Update; Family Dispute Resolution; and Recent Cases.
The latest Part of ADRJ includes the following: Case note: “United Kingdom: Enforcing dispute resolution clauses; costs orders against a successful party unwilling to mediate?; Mediation media watch – Christmas present for family law lawyers” – David Spencer; “Farm debt mediation 18 years on” – Geoff Charlton; “Towards a history of mediation in New Zealand’s legal system” – Grant Morris; “Resolving federal age discrimination complaints: Where have all the complainants gone?” – Therese MacDermott; “Protect, respect and remedy: The multiple roles for mediators in the United Nations business and human rights framework” – Christopher Halburd; and “Making the invisible visible in family dispute resolution: The elephant in the room” – Mieke Brandon and Tom Stodulka.
The latest Part of the Family Law Review publishes two interesting article and several different sections. The first article is by the Hon Justice Paul Brereton AM RFD in which two recent adventures of the High Court of Australia in the field of family law are considered. The second article is by Patrick Parkinson AM and considers the implications of the High Court’s decision in Stanford v Stanford. Also in this Part are the following sections: Professional Insights, Child Support, Recent Cases and Family Dispute Resolution.