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: “Skilled Mediators and Workplace Bullying” – Ryan Murphy and Tania Sourdin; “ADR: Championing the (Unjust) Resolution of Bullying Disputes?” – Doris Bozin, Allison Ballard and Patricia Easteal; “Property Settlements and Spousal Maintenance for the Elderly” – Kay Feeney; “Teaching Mediation Using Video and Peer Discussion: An Engaged Video Learning Model” – Kathy Douglas, Dr Tina Popa and Christina Platz; and “Mediation – My First Ten Years: 1982–1992” – Ruth Charlton. It also contains Case Notes: “Mediator Advice and an Attorney Gone Missing – Baas v Baas”; “Mediator Fees as Costs Reasonably Necessary to the Conduct of Litigation – Berkeley Cement Inc v Regents of the University of California”; “Mediation Media Watch” – David Spencer; and Book Reviews: “Mediating with Families” by Mieke Brandon and Linda Fisher and “Mediation in Australia” by Laurence Boulle and Rachael Field – Reviewed by Paul Lewis.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “The Court System and Alternative Dispute Resolution Procedures” – Sir Laurence Street AC KCMG; “Looking Backwards to Move Forwards: Reviewing Sir Laurence Street’s First Scholarly Contribution to the ADRJ” – Professor David Spencer; “‘I love you when I love you if, I love you because…’: Relationship Mediation” – Mieke Brandon; “Uncertainty in Dispute Resolution Clauses: Is There a Way to Escape the Commercial Bargain?” – Ahsan Ashraf; and “A Model to Use When Representing Clients in Conciliation Conferences in the Queensland Anti-Discrimination Commission” – Donna Cooper and Deborah Keenan. It also contains the following sections: Editorial – Ruth Charlton; Casenotes and Mediation Media Watch – David Spencer; and Book Review: “The Handover Book” by Ashley Palmer and Leigh Moriarty – Paul Lewis.
This Special Issue of the ADRJ (Volume 28 Part 1) features a selection of articles based on papers presented at the National Mediation Conference in September 2016 on the Gold Coast. It is the initiative of the Co-Convenors of the National Mediation Conference Board 2016: Mieke Brandon and Callum Campbell. The theme of the conference ...more
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: “Children’s rights to culture in Australia: How FDR mediation can support these rights” – Mieke Brandon and Beth Dababneh; “Restraining legal practitioners” – Michael Kearney SC; “Superannuation splitting and family law” – Anne-Marie Rice and Joseph Box; Professional Insights: “Ethical obligations and duties in family law” – Chris Gunson SC; Child Support: “The doctrine of set off and child support” – Simon Bacon; Property and Financial Arrangements: “Comparable cases and the section 79 discretion” – Paul Glass and Anna Parker; Practice and Procedure: “Forensic restraint by family lawyers – not an optional extra” – Bridget Cullen; In the High Court: “Spousal maintenance and ‘financial resources’: Hall v Hall” – Olivia Rundle; and Recent Cases: Grier v Malphas; Bondelmonte v Bondelmonte; and Faukland v Shikia.
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Misattributed paternity disputes: The application of collaborative practice as an alternative to court” – Emily Kwok and Dianna T Kenny; “Artistry in mediator practice: Reflections from mediators” – Kathy Douglas and David Goodwin; “The pros, cons, and maybes of telephone mediation: A conversation about the “fourth party”” – Helen Shurven and Archie Zariski; “An alternative model for the application of intervention orders in Victoria” – Edward Davis; “The child’s voice in FDR: Mediation and child-informed practice” – Mieke Brandon and Linda Kochanski; and “Evaluating collaborative law in the Australian context” – Henry Kha.
The latest Part of the Family Law Review includes the following articles: “Appropriate dispute resolution in cases of family violence and the collaborative practice model” – Katrina Markwick; and “Collaborative practice in family law matters with coercive control-type family violence: Preliminary thoughts from the practitioner coalface” – Patricia Easteal, Jessica Herbert and Jessica Kennedy. There is also a Professional Insights sections: “Family dispute resolution: 12 steps for practitioners to minimise the risk of complaints” – Mieke Brandon; and a Recent Cases section including notes on the following cases: Everett v Everett; Thomas v Franklin; Adamson v Adamson; and Delamarre v Asprey.
The first Part for 2015 of the Australasian Dispute Resolution Journal includes the following articles: “Is Hong Kong ready for med-arb?” – David Kwok; “Ethics and the mediation community” – Jonathan Crowe; “Family violence in culturally and linguistically diverse communities: An evaluation of a family relationship centre” – Helen Cleak, Alikki Vernon, Lola Akin Ojelabi and Tom Fisher; “Conflict coaching in Indigenous Australian settings – sharing the lessons from mediation” – Susan Medway; “Self-determination in Australian facilitative mediation: How to avoid complaints” – Mieke Brandon; and “Emotion and its role in negotiation – valuable tool or unnecessary hindrance?” – Jayr Teng.
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.