The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Will Somebody Please Think of the Children?! Child Focused and Child Inclusive Models in Family Dispute Resolution” – Dr Hadeel Al-Alosi; “Apologies, Mediation and the Law: Resolution of Civil Disputes” – Robyn Carroll, Alfred Allan and Margaret Halsmith; “The Field of Dreams” – Judge Joe Harman; “Default Proceedings in Arbitration” – Low Sze Hui Jasmine; “Costs, Claims and Counter-claims or Victims, Vindication and Victory: The “Real Issue” and the Case for Mediation in Von Marburg v Aldred (No 3)” – André Retrot; and “The Mediating Brain” – Benjamin Allen and Tania Sourdin. It also contains Case Notes: “Restraining Solicitors from Acting in Post-Mediation Proceedings; and Mediation Media Watch” – Professor David Spencer.
The latest Part of the Journal of Judicial Administration includes the following articles: “The corporate transformation of the courts: Towards a judicial board of executive directors” – Tin Bunjevac; “Family reports and family violence in Australian family law proceedings: What do we know?” – Dr Rachael Field, Dr Samantha Jeffries, Zoe Rathus AM and Angela Lynch; “Barriers to unbundled legal services in Australia: Canvassing reforms to better manage self-represented litigants in courts and in practice” – Margaret Castles; “Why do some civil cases end up in a full hearing? Formulating litigation and process referral indicia through text analysis” – Naomi Burstyner, Tania Sourdin, Chinthaka Liyange and Bahadorreza Ofoghi; and “Keeping the peace? Justices of the Peace as judicial decision-makers in regional Western Australia” – Claire Stimpson.
The latest Part of the Journal of Judicial Administration includes the following articles: “Assessing the adequacy of judicial complements” – Judith Bellis, Catherine McKinnon and David Murchie; “Inefficiencies of court administration despite participants’ goodwill” – Ludmila Stern, Uldis Ozolins and Sandra Hale; “Justice and technological innovation” – Tania Sourdin. There is also a review of the following book: “Non-Adversarial Justice” by Michael King, Arie Freiberg, Becky Batagol and Ross Hyams.
The unrepresented (or self-represented) litigant is an increasingly common sight in Australian courts and tribunals. While some people choose to represent themselves in legal proceedings, others are compelled to do so by cost, chance, or some other reason. Whatever their motivation, unrepresented litigants present a unique set of challenges to the administration of justice, and ...more
The first Part of Volume 24 of the Journal of Judicial Administration is a special issue on assisting unrepresented litigants and includes the following articles: “Litigants in person: Guidelines for the Federal Circuit Court” – Stephen H Scarlett RFD; “The self-represented litigant in the Court of Appeal, Supreme Court of Queensland” – The Hon Justice Margaret McMurdo AC; “Self-represented parties and court rules in the Queensland courts” – Iain McCowie; “Self-represented litigants and strata title disputes in the State Administrative Tribunal: An experiment in accessible justice” – Bertus de Villiers; “Model no more: Querulent behaviour, vexatious litigants and the Vexatious Proceedings Act 2005 (Qld)” – Narelle Bedford and Monica Taylor; and “The dilemmas posed by self-represented litigants: The dark side” – Tania Sourdin and Nerida Wallace.
The Australasian Dispute Resolution Journal (ADRJ) starting publishing in February 1990, and this year has reached its 25th volume. The first ever issue opened with a foreword by the Honourable Sir Laurence Street, who noted: Alternative Dispute Resolution procedures … fill a legitimate place in society’s armoury for the resolution of disputes. They are being ...more
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.
The last Part of Volume 22 of JJA publishes the following articles: “Misconceptions or expert evidence in child sexual assault trials: Enhancing justice and jurors’ “common sense”” – Annie Cossins and Jane Goodman-Delahunty; “Mind the gap: Making evidence-based decisions about self-represented litigants” – Elizabeth Richardson and Tania Sourdin; “Solution-focused court programs for mentally impaired offenders: What works?” – Michelle Edgely; and “The constitutionality of minimum mandatory sentencing regimes: A rejoinder” – Andrew Hemming.
The latest Part of ADRJ includes several interesting articles canvassing a wide range of topics, including international arbitration in Australia, the common law requirement of “good faith”, child-inclusive mediation, legal fairness in ADR processes, judicial mediation in Indonesia and the effectiveness of customary arbitration as a peace-making mechanism in Nigeria. There is also a case note, a Vale for Professor Roger Fisher, a review of a DVD of simulated mediation produced by La Trobe University and a book review.
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!