For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
The latest Part of the Australasian Dispute Resolution Journal contains 4 Special Feature articles: Celebrating 30 Years of ADRA: “ADRA President’s Address 2016” – Katherine Johnson; “Australian Dispute Resolution Association: Its history and its people” – Anne Ardagh; “History and philosophy of nonviolence: Towards an inclusive dispute resolution (DR) curriculum” – David Ardagh; and “International perspectives of dispute resolution” – Dr Paul R Gibson. It also includes the following articles: “International arbitration in Australia: 2015/2016 in review” – Albert Monichino QC and Alex Fawke; “The future of dispute resolution: Online ADR and online courts” – Michael Legg; and “The art of using power as a tool of influence in mediation” – Mohamed Sweify. It also contains Case Notes: “Identifying all members of a class action prior to mediation, and mediation/arbitration media watch” – David Spencer; Book Review: “The Mediators Handbook (Third edition)” by Ruth Charlton, Micheline Dewdney and Geoff Charlton – reviewed by Paul Lewis; and a tribute to the late Micheline Dewdney.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “International arbitration in Australia: 2014/2015 in review” – Albert Monichino QC and Alex Fawke; “The (im)propriety of judicial mediation – David Kwok; “All the way with ADR: Further endorsement of ADR in litigation” – Tina Popa; “Religious tribunals and courts of law – are their decisions or procedural determinations subject to review by secular courts?” – Nadav Prawer; “Mediation of property division in late stage Family law matters: A procedural initiative” – Marilyn Scott; “Emotion in mediation” – Ken Skinner; and “Applying findings from neuroscience to inform and enhance mediator skills” – Craig Smith. It also contains Case notes: “Intervening in mediation; the right to public over private mediation; and mediation media watch” – David Spencer.
The latest Part of the Journal of Civil Litigation and Practice includes three interesting articles on different topics. The first article is by The Honourable Justice PA Bergin and looks at the objectives, scope and focus of mediation legislation in Australia. The second article comes from Tania Sourdin and Naomi Burstyner, who explore the impact of pre-action requirements on civil litigation. The final article, by Marilyn Krawitz, argues that uniform, standalone national guidelines about lawyers’ social media use are necessary. There is also a Comments section and a case note about Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd  QSC 82.
(Published in Family Dispute Resolution, Vol 2 No 4 (Sept 2012) of Family Law Review) By Linda Kochanski Assistant Professor, Bond University, Queensland A situation that will always cause a family mediator some trepidation is when a mediation comes to a halt due to the parties reaching an impasse (“stalemate”, “stumbling block” or “obvious difference” ...more
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 latest Part of JJA publishes the following articles: “Transforming governance and technology in civil and administrative justice” – David Tait and Terry Carney; “Are retributive aims achievable in a restorative justice setting?” – Tony Foley; “Foetal Alcohol Spectrum Disorder in children: Implications for judicial administration” – Samantha Parkinson and Sara McLean; “Child protection law and practice in the Northern Territory and implications for the court” – Hilary Hannam; and “QCAT’s hybrid hearing: The best of both worlds or compromised mediation?” – Bobette Wolski.
The final Part of Volume 2 of the Family Law Review publishes an article by Michelle Fernando that argues the need for guidelines to be promulgated by the Family Law Courts that give direction to judges on how to meet with children who are the subject of parenting disputes and an article by Danielle Jaku-Greenfield that discusses importance of clear protocols for cooperation between family relationship service providers and family lawyers. Also in this Part are a Family Dispute Resolution, International Family Law and Recent Cases sections.
By Linda Kochanski The following excerpt is from the Family dispute resolution section of the Family Law Review.* Recent amendments to the Family Law Act 1975 (Cth) have acknowledged the importance of significant other persons in children’s lives. In particular, grandparents and their role in the family system have come into focus in both the ...more
The May issue of the Australasian Dispute Resolution Journal includes several interesting articles covering a range of topics, including neutrality in mediation, active listening in mediation, the nature of disputes in owners corporations, New Zealand’s Treaty of Waitangi and interest-based negotiation, how the Chinese courts and arbitration commission have dealt with disputes containing multiple agreements, levels of report domestic violence at family relationship centres and the ways in which the Yoga Sutras can be successfully applied to modern ADR principles, plus much more!