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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Andrew L Mason, arbitration, arbitration agreements, articles, award publication, best interests of children, book review, Bringing Children Metaphorically into the Room: Strategies FDRPs can Use to Focus Parents on their Children's Best Interests, case management, case managers, casenotes, child-focused parenting plan, Client Case Management: Does It Compromise the FDR Practitioner?, contemporary mediation, David Spencer, Dispute Resolution: A practitioner's guide to successful alternative Dispute Resolution, Donna Cooper, Editorial, Elizabeth Rosa, expert determination, Expert Determination as Dispute Resolution in New Zealand, Family Dispute Resolution, Family Dispute Resolution mediation process, family dispute resolution practitioners, Family Relationships Centres, FDRP, FRC, Good Faith & Satisfactory Mediation under the Farm Debt Mediation Act, Increased Third-party Participation in Arbitral Proceedings, institutional responses to child sexual abuse, Issues of Justice in Mediated Outcomes for Survivors of Sexual Abuse in State Care?, Katherine Johnson, Lack of Capacity to Enter a Mediated Settlement Agreement, Laurence Boulle, Linda Kochanski, Louise Marie Mc Donald, mediation media watch, mediations, Michael Elliott, Michael Mills, Mieke Brandon, Nation Building through Mediation: The Mongolia Experience, New Zealand courts, parenting arrangements, party self-determination, Patrick O'Leary, Rachael Field, Re-appraising Mediation's Value of Self-determination, Rinehart v Hancock Prospecting Pty Ltd, Ruth Charlton, Shane Campbell, Silent Parties in Arbitration, social change, state institutional care, The Danger in Prescribing the Publication of International Commercial Arbitration Awards in Order to Cure a Stagnating Common Law, time arrangements |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged ADRJ, Alfred Allan, André Retrot, barriers impeding family dispute resolution, Benjamin Allen, case notes, children’s participatory rights in pre-trial mediation, civil dispute resolution, default proceedings in arbitration, Dr Hadeel Al-Alosi, Family Dispute Resolution, Family Law (Family Dispute Resolution Practitioner) Regulations 2008 (Cth), impact of emotions on decision-making, Judge Joe Harman, listening to children in family court proceedings, locating FDR service providers, locating FDRPs via databases, Low Sze Hui Jasmine, Margaret Halsmith, mediation and civil disputes, mediation media watch, mediator interventions, post-mediation proceedings, Professor David Spencer, protection of children's participatory rights, Robyn Carroll, Tania Sourdin, Von Marburg v Aldred (No 3) |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Journals, Update Summaries | Tagged adapting mediation models, ADRJ, Andi Doerr, Bethaina Dababneh, Callum Campbell, children’s rights to culture, CINERGY Conflict Management Coaching, Claire Holland, collaborative practice group, conflict management, cultural diversity, Damien W Riggs, defusion, Editorial, Family Dispute Resolution, family law services, Fredrike P Bannink, gender diversity, Jay Qin, Jill Howieson, Judith Herrmann, Lisanne Iriks, Marilyn Scott, Mieke Brandon, National Mediation Conference, Noelene Salmon, Olivia Rundle, Pauline Collins, pre-mediation, resolution, Ruth Charlton, Samantha Hardy, solution-focused mediation, Special Issue, Stephen Lancken, Voluntas, volunteer conflict management |
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.
Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged Anna Parker, assets held on trust, Baby Gammy Thai surrogacy case, Children and Parenting, Dean Foley, discretionary trust structures, Donna Cooper, Fam L Rev, Family Dispute Resolution, Family Law Practitioners Association of Queensland, Fanny Thornton, Farnell v Chanbua [2016] FCWA 17, Federal Circuit Court of Australia, Felicity Bell, Grant T Riethmuller, habitual residence, Hague Convention on the Civil Aspects of International Child Abduction, In Marriage of Biltoft, Joshua Favaloro, Judge Geoffrey Monahan, jurisdictional overlap, Lindsey v Christie [2016] FamCAFC 132, Michael Nicholls QC, Olivia Rundle, Oswald v Karrington [2016] FamCAFC 152, Patricia Easteal AM, pro bono mediation, Property and Financial Arrangements, property proceedings, Recent cases, s 79 or s 90SM of the Family Law Act 1975 (Cth), Salah v Salah [2016] FamCAFC 100, shared parental intentions, State child welfare departments, surrogacy, Trevor McKenna, uncertain liabilities, unsecured liabilities |
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.
Posted in Family Law Review (Fam L Rev), Journals, Update Summaries | Tagged 2015 Report of the Parliamentary Inquiry into the Child Support Program, Anne-Marie Rice, Babett v Falconer [2015] FamCAFC 124, Bruce Smyth, Burton v Churchin [2013] FLC 93-561; [2013] FamCAFC 180, child abuse, child support, Child Support (Assessment) Act 1989 (Cth), Children and Parenting, Dean Foley, definition of non-parent, definition of parent, Donald v Forsyth, Elgin v Elgin, facilitative mediation, Fam L Rev, Family Dispute Resolution, family violence, Federal Circuit Court of Australia, Felicity Bell, Hon Kevin Andrews MP, Jackson v Macek, Janssen v Janssen, Joe Harman, Judge Geoffrey Monahan, Maria Vnuk, marriage as partnership, Michelle Fernando, Minister for Social Services, Notice of Risk, notional assets, Olivia Rundle, parenting orders, Professional Insights, property adjustment, property settlement, Recent cases, Richard Ingleby, s 60CC of the Family Law Act 1975 (Cth), Simon Bacon, Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52, Tamsyn Hinksman, Tempe Archer |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Update Summaries | Tagged access to justice, adjudicative dispute resolution, ADRJ, adversarial advocacy, alternative dispute resolution, case notes, David Spencer, dispute resolution advocacy, Donna Cooper, end of life disputes, Family Dispute Resolution, Helen Shurven, John Woodward, judicial decree, Katherine Curnow, Mieke Brandon, multiple party mediation, Native Title Act 1993 (Cth), power differentials, Queensland Adult Guardian |
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).
Posted in Family Law Review (Fam L Rev), Update Summaries | Tagged Bondelmonte v Bondelmonte, Brendan Ashdown, case guardians, Commissioner of Taxation v Darling, division of family property, divorce, Fam L Rev, Family Dispute Resolution, foreign marriage, Judge Alexandra Harland, Judge Geoffrey Monahan, legal capacity, Linda Kochanski, Michelle Fernando, Olivia Rundle, Patrick Parkinson, property rights, Recent cases, s 75(2) |
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.
Posted in Family Law Review (Fam L Rev), Update Summaries | Tagged Child Support Update, Danielle Bozin-Odhiambo, domestic violence, Fam L Rev, Family Dispute Resolution, Hague Child Abduction Convention, primary carer, Professional Insights, Recent cases, risk, Suzanne Christie |
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.
Posted in Australasian Dispute Resolution Journal (ADRJ), Update Summaries | Tagged absent parties, ADRJ, age discrimination, case notes, Christopher Halburd, David Spencer, dispute resolution clauses, Family Dispute Resolution, farm debt mediation, Geoff Charlton, Grant Morris, history in mediation, human rights, mediators, Mieke Brandon, New Zealand, Therese MacDermott, Tom Stodulka, UN |
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.
Posted in Family Law Review (Fam L Rev), Update Summaries | Tagged Bookhurst v Bookhurst, child support, Fam L Rev, Family Dispute Resolution, High Court, Hon Justice Paul Brereton AM RFD, Kennon v Spry, Patrick Parkinson AM, Professional Insights, property law, Recent cases, Stanford v Stanford |