*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.<\/p>\n
The latest issue of the\u00c2\u00a0Australasian Dispute Resolution Journal\u00c2\u00a0<\/em>(Volume\u00c2\u00a024 Part 3) contains the following material:<\/p>\n <\/p>\n <\/p>\n Introduction \u00e2\u20ac\u201c the story of the first 25 years of LEADR: The personal, the practical, and the principled <\/i><\/b><\/a>\u00e2\u20ac\u201c Margaret Halsmith<\/p>\n Recollections of LEADR\u00e2\u20ac\u2122s beginnings <\/i><\/b><\/a>\u00e2\u20ac\u201c Alan Limbury, Gerald Raftesath, Harold Werksman and Michael Klug<\/p>\n Principles and practicalities <\/i><\/b><\/a>\u00e2\u20ac\u201c Gerald Raftesath<\/p>\n Beginnings of the Perth and New Zealand chapters <\/i><\/b><\/a>\u00e2\u20ac\u201c Oscar Shub<\/p>\n Training <\/i><\/b><\/a>\u00e2\u20ac\u201c Sue Duncombe and Joanna Kalowski<\/p>\n New Zealand training <\/i><\/b><\/a>\u00e2\u20ac\u201c Anna Quinn and Carol Powell<\/p>\n LEADR today <\/i><\/b><\/a>\u00e2\u20ac\u201c Fiona Hollier<\/p>\n A personal ADR retrospective \u00e2\u20ac\u201c LEADR and other things <\/i><\/b><\/a>\u00e2\u20ac\u201c Ruth Charlton<\/p>\n CASE NOTES<\/a><\/p>\n Settling sexual harassment complaints \u00e2\u20ac\u201c what benefits does ADR offer? <\/i><\/b><\/a>\u00e2\u20ac\u201c Dominique Allen<\/p>\n Sexual harassment complaints are predominantly resolved through confidential alternative dispute resolution (ADR) processes rather than a tribunal hearing, so very little is known about the type of complaints which are made or how they are being resolved. This secrecy has created problems for the law\u00e2\u20ac\u2122s development and its effectiveness. This article compares settlement agreements negotiated through ADR with tribunal orders, so as to identify whether ADR offers any additional benefits to the process of addressing sexual harassment and to identify changes to the process which would increase the law\u00e2\u20ac\u2122s effectiveness while maintaining the benefits of ADR. Very little is known about the type of settlements negotiated in this jurisdiction, so the secondary purpose of the study is to provide information about how sexual harassment is being addressed.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n The \u00e2\u20ac\u0153new advocacy\u00e2\u20ac\u009d and the emergence of lawyer representatives in ADR <\/i><\/b><\/a>\u00e2\u20ac\u201c Donna Cooper<\/p>\n This article traces the emergence of the \u00e2\u20ac\u0153new advocacy\u00e2\u20ac\u009d role for lawyers, that of \u00e2\u20ac\u0153dispute resolution advocacy\u00e2\u20ac\u009d, describing the role of legal practitioners when representing clients in negotiation, mediation and conciliation processes. The dispute resolution models they may encounter and the different types of assistance that lawyers can provide to their clients in such contexts will be discussed. Whether dispute resolution advocacy falls under the umbrella of non-adversarial practice or is a separate and distinct role will also be explored in light of the professional obligations of lawyer representatives, particularly the duty of loyalty to their clients.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Confidentiality, public interest and the mediator\u00e2\u20ac\u2122s ethical dilemma <\/i><\/b><\/a>\u00e2\u20ac\u201c Dominik Leimgruber<\/p>\n Generally, mediation\u00e2\u20ac\u2122s confidentiality is warranted. Yet it is not absolute. Some statutes require the mediator to disclose information in case of crime or fraud. However, there exist further public interests that may justify disclosure but which are not legislated expressly. Therefore, mediators may find themselves in an ethical dilemma: upon learning that people could get harmed, should they disclose information to the public or not? Concluding that the various sources enshrining confidentiality obligations and the broad meaning of public interest creates much legal uncertainty for a mediator, this article proposes, first, the implementation of a new and uniform ethical standard and, secondly, the establishment of an ethics advisory committee. In terms of uniformity and consistency, both propositions should be introduced upon federal initiative.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Issues and barriers to the provision of FDR in prisons <\/i><\/b><\/a>\u00e2\u20ac\u201c Pamela Henry and Karine Hamilton<\/p>\n Reforms to the family law system in Australia have encouraged parents to attempt family dispute resolution (FDR) before approaching the court and to consider the right of children to have meaningful relationships with both parents. FDR occurs in a national network of family relationship centres (FRC) strategically placed in a range of geographical locations. This article reports on the findings of research into the extension of a Western Australian-based FRC service to a group of atypical clients: prisoners. Western Australian is the only State or Territory which offers FRC services to prisoner clients. Interviews with prisoners who had used the FRC service and with staff involved in its administration revealed that the FDR goal of maintaining meaningful relationships with both parents post-separation involves unique challenges for families with an incarcerated parent, specifically due to the high prevalence of family violence concerns.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n For the pdf version of the table of contents, click here: LOLA – ADRJ Vol 24 Pt 3 contents<\/a> or here: WAU – ADRJ Vol 24 Pt 3 contents<\/a>.<\/p>\nSpecial Feature: Celebrating 25 Years of LEADR<\/h3>\n
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