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The latest issue of the Australasian Dispute Resolution Journal (Volume 32 Part 3) contains the following material:
EDITORIAL – General Editors: David Spencer and Pauline Collins
- Appointment of a New Co-General Editor
ADR CASE NOTES – Editor: David Spencer
- Good Faith in Commercial Lease Negotiations during COVID; Claim of Indemnity Costs for a Refusal to Mediate; and, Mediation Media Watch
Articles
Recognising and Responding to the Mental Health Needs of Family Law Clients – Jemima Petch and Megan Morris
With 10–28% of Family Law clients reporting elevated rates of psychological distress and the subsequent negative impact this can have on a client’s ability to successfully engage in Family Law processes, we explore how family law professionals can recognise and respond to mental health concerns among their clients. We explore the more prevalent mental health symptoms and warning signs that professionals working in the family law sector may observe. In recognition of the intersectionality of family violence and mental health, some specific guidance on how to recognise the difference between the two is offered. To assist family law professionals in supporting families with mental health presentations, we provide practical guidance, including recommending the use of brief screening tools for mental health at family law services and information and referral for mental health.
International Arbitration in Australia: 2020/2021 in Review and Reflections on a Decade since Reform – Albert Monichino KC and Alex Fawke
This annual article updates readers on the most important developments in international arbitration in Australia. It surveys legislative, case law and other developments between 1 September 2020 and 31 December 2021. It is the tenth of such articles published in this journal since 2011 and it reflects on how far arbitration has come in that time and what still needs to be done in order to make Australia a preferred regional hub for dispute resolution.
Therapeutic Jurisprudence and Mediation: Natural Partners in Dispute Resolution – Glen Cranwell
This article explores the links between therapeutic jurisprudence and mediation. While the use of mediation is common in courts and tribunals in Australia, the principles of therapeutic jurisprudence have been less known by mediators and lawyers. The author’s contention is that the therapeutic jurisprudence principles of voice, validation, respect and self-determination can be used as a lens for mediators and lawyers to improve their mediation practice. The article explicitly addresses how these principles can be applied during mediation to help the mediation to have a therapeutic effect. While the focus is primarily on mediators, the article also outlines the important role that lawyers can play.
- More to Learn – Consequences of Mandatory Mediation – Emily Schindeler
For the PDF version of the table of contents, click here: New Westlaw Australia – ADRJ Vol 32 No 3 Contents.
Click here to access this Part on New Westlaw AU
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