The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Investor-State Dispute Settlement Mechanism: The Trojan Horse of the Trans-Pacific Partnership and its Practical Implications” – Muhammad Zaheer Abbas and Shamreeza Riaz; “Managing the Inter-cultural Dimensions of a Mediation Effectively – A Proposed Pre-mediation Intake Instrument” – Dorcas Quek Anderson and Diana Knight; “Being the Ladle in the Soup Pot: Working with the Dichotomy of Neutrality and Empowerment in Mediation Practice” – Bornali Borah; “Mediation Confidentiality: Origins, Application and Exceptions and Practical Implications” – Judge Joe Harman; “Design in Dispute Resolution Practice: Tips and Tools” – Helen Shurven and Clair Berman-Robinson; “Mediator’s Proposal and Mediator’s Neutrality: Finessing the Tension” – Mohamed Sweify; “Settlement in Court-Connected ADR and the Constitutional Function of the Judiciary: An Imbalance between two Competing Public Interests” – Michael Windeyer. It also contains Case Notes: “Admissibility of a Statement Made at Mediation – Humphreys v Humphreys” and “Mediation Media Watch” – David Spencer.
The latest Part of the ADRJ includes the following material: “International arbitration in Australia: 2013/2014 in review” – Albert Monichino QC and Alex Fawke; “Lawyers behaving badly in mediations: Lessons for legal educators” – Donna Cooper; “Insights from Australian mediators about mediation and access to justice” – Mary Anne Noone and Dr Lola Akin Ojelabi; “Mediation in a cross-cultural setting: What a mediator should know” – Kelvin Lau; and “Mirror, mirror on the wall, is there no r(e)ality in neutrality after all? Re-thinking ADR practices for Indigenous Australians” – Neha Sharma. There is also a Case Note: “Whether coercion by a solicitor in mediation is the subject of advocate immunity and mediation media watch” – David Spencer.
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!
By Kathy Douglas, Nadia Sager and Rachael Field. Conferencing is a restorative justice process that is used in the criminal justice system in Australia to deal with a variety of offences. In this article, the authors analyse research into the understandings of conferencing practitioners regarding the issue of the neutrality of the third party in facilitating the process.