The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Is There a Place for Restorative Justice in Civil Mediation?” – Mary Riley and Susan Douglas; “Walking the Tightrope: Exploring the Relationship between Confidentiality and Disputant Participation” – John Woodward; “Does Mandatory ADR Impact on Access to Justice and Litigation Costs?” – Ummey Sharaban Tahura; “Online Dispute Resolution in the Domain Name Space” – Alpana Roy; “UNCITRAL Convention – Mediation’s Big Bang: Can Mediation Challenge Arbitration’s Dominance?” – Sala Sihombing; “The Role of International Mediation in Data Protection and Privacy Law – Can It Be Effective?” – Sinta Dewi, Robert Walters, Bruno Zeller and Leon Trakman; and “Advanced Practice Issues for Family Dispute Resolution Practitioners” – Danielle Jaku-Greenfield, Miriam Ziegler and Nicole Ash. It also contains the following sections: Editorial: “NMC2019: Articles, Observation, and Data” – Alysoun Boyle and Dr Susan Douglas; Case Notes: “Advocate Immunity in Mediation; and Setting Aside a Mediated Settlement Agreement for Vitiating Factors” – Professor David Spencer; and Book Reviews: “Mediation Quest – Making Sense of Loss”, by Dr Katherine Pavlidis Johnson – Reviewed by Lola Akin Ojelabi.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Broadening the traditional use of mediation to resolve interlocutory issues arising in matters before the courts” – Adele Carr; “Should mediation be the first step in all Family Law Act proceedings?” – Judge Joe Harman; “Facilitating systemic outcomes through anti-discrimination conciliation and the role of the conciliator in this quest” – Rosalie Poole; and “Encouraging dialogue between large and diverse groups: the emerging field of facilitation” – John Woodward. It also contains Case Notes: “Developments in the USA – Contractual damages from a breach of a confidentiality clause in a mediation agreement; a lack of good faith in mediation; and mediation media-watch” – David Spencer; and a Book Review: “International Arbitration & Global Governance Contending Theories and Evidence” by Walter Mattli and Thomas Dietz – review by Magdalene D’Silva.
The latest part of the Australasian Dispute Resolution Journal includes the following articles: “Resistance to the teaching of ADR in the legal academy” – Pauline Collins; “Landing in the right class of subject to contract agreements” – David Spencer; “Tipping the scales – to what extent does the presence of power imbalances detract from the efficacy of principled negotiation?” – John Woodward; “A theory of interest-based dispute management in business format franchising” – Courtenay Atwell; “Zombie mediations” – Dr Rhain Buth; and “Using conflict coaching to support people to develop a secure mind in relation to conflict” – Karen Prime.
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.