The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Mediation and Negotiation in Legal Disputes” – Michael McHugh AC QC; “Mediating Workplace Bullying: A Reflective Case Study” – Elizabeth Spencer; “The Emotional Advantage: How Dispute Resolution Practitioners Can Embrace the Transformative Capacity of Emotion and De-escalate Conflict” – Sophie Whittaker; “Mediation for Tackling Nigerian Medical Disputes: A Mutually Beneficial Option?” – Adesina Temitayo Bello and Adetoun Onibokun; “Carve Outs in Arbitration Agreements: Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2]” – Thomas Camp; “The Court of Arbitration for Sport and the Shayna Jack Doping Case” – James Duffy and John O’Brien; and “Family Dispute Resolution for Property Matters: The Case for Making Space” – Genevieve Heard, Andrew Bickerdike and Jamie Lee.
It also contains the following sections: Editorial – Ruth Charlton; ADR Case Notes: “Case Notes: Misleading Conduct in the Procurement of a Mediated Settlement Agreement” – David Spencer; Matters of Interest: “The Impact of Grief through Loss in New South Wales Workers Compensation Commission Mediations” – Katherine Johnson; and Book Review: “Legal Reasoning Across Commercial Disputes”, by Professor SI Strong – Reviewed by Russell Thirgood.
The latest Part of the Criminal Law Journal includes the following articles: “Voluntary Assisted Dying and the Merits of Offence-specific Prosecutorial Guidelines in Australia” – Kerstin Braun; “Sexual Offending and the Meaning of Consent in the Queensland Criminal Code” – James Duffy; “Sentencing Developments in the United States in 2020: The Pandemic, Black Lives Matter and Further Erosion of Mass Incarceration” – Mirko Bagaric and Peter Isham; and “‘Whether the Victim Wishes the Offender to Be Released or Not Is Unimportant’: Australia and New Zealand Parole Board members’ Views of the Role of Victims of Crime” – Katherine J McLachlan. Also in this Part is an Editorial: “Reform of ‘Consent’ Law” – Stephen J Odgers; and Phillips’ Brief: “The Curious Case of a Lost Emergency: Section 119 in 1919” – Mark Finnane.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Implementing Competition Law in Developing Countries: Barriers to Success and the Role of Technical Assistance” – Kate James; “The Reasonableness of Restraints: An Analysis of the Enforcement of Post-Employment Restraints” – Ian Neil SC and Nicholas Saady; “Curing Defective Registrations in the Personal Property Securities Register” – Andrew Berriman; and “How Should Directors Tackle Cyber Risks?” – James Duffy.
The latest Part of the Building and Construction Law Journal includes the following articles: “The enforcement of international arbitral awards in the Asia-Pacific region – a comparative study of recent cases” – Jaclyn Smith; and “An analysis of dispute review boards and settlement mediation as used in the Australian construction industry” – Stephanie Duffy and James Duffy. Also in this Part are Reports on three cases: Eccles v Koolan Iron Ore Pty Ltd (No 3); Grave v Blazevic Holdings; and Kell & Rigby Holdings Pty Ltd v Lindsay Bennelong Developments Pty Ltd.
The latest Part of ADRJ includes the following articles: “Why ADR must be a mandatory subject in the law degree: A cheat sheet for the willing and a primer for the non-believer” – James Duffy and Rachael Field; “A critical evaluation of ADR in the Queensland Planning and Environment Court” – Michael Walton; “Dispute resolution and the demonisation of culture” – Dr Lola Akin Ojelabi; “Challenges in co-mediation: A practice issue” – Lan Yuan Lim; ““We assumed that by living in a civilised country things can be freer and better”: Counter stories of dispute resolution in Australia” – Siew-Fang Law; and “Solving securities exchange disputes by means of ombudsmen: Does it work?” – M Saleh Jaberi. There is also a case notes section and two book reviews.
The latest Part of ADRJ publishes the following: “Predictable irrationality in mediation: Insights from behavioural economics” – Laurence Boulle; “How a dose of humour may help mediators & disputants in conflict” – Clare Coburn, Becky Batagol & Kathy Douglas; “Proportionality of sanctions under the WADA Code: CAS jurisprudence & the need for a strict approach” – James Duffy; “Developing ethical practice as a family dispute resolution practitioner” – Oyiela Litaba; “A focus on process: Procedures to address disputes about end of life decisions” – Kate Curnow and Lisa Toohey; “The power of explanation in healthcare mediation” – Christian Behrenbruch & Grant Davies; and “The mediator who has to pay the disputants: Conflict management in China” – Ting Ting Li.
The August issue of ADRJ is a special edition dedicated to examining the teaching of ADR in universities and the promotion of students’ well-being. The articles all originated from RMIT’s Forum, ADR in Legal Education and Promoting Student Well-being, held on 20-12 February 2012 at RMIT University in Melbourne. Some of the articles included are: “The importance of understanding different generations of ADR practice for legal education” – Kathy Douglas; “Non-adversarial justice and the three apprenticeships of law” – Dr Becky Batagol and Ross Hyams; “Law student psychological distress, ADR and sweet-minded, sweet-eyed hope: – Rachael Field and James Duffy; and “Humanising legal education: Lessons from ADR” – Susan Douglas, plus much more!