*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
<\/strong>NB: <\/strong>Please note that all updates will include links for Westlaw AU only<\/b> (with the exception of the Journals available on Checkpoint, which will have an extra PDF). For further information, please click here<\/a><\/strong>.<\/p>\n The latest issue of the\u00c2\u00a0Australasian Dispute Resolution Journal\u00c2\u00a0<\/em>(Volume\u00c2\u00a025 Part 2) contains the following material:<\/p>\n CASE NOTES<\/a><\/p>\n Mediation developments in the Australia\/Pacific region <\/i><\/b><\/a>\u00e2\u20ac\u201c John A McGruther<\/p>\n This article discusses the increased use of alternative dispute resolution (ADR), particularly mediation, in the Pacific region, as well as recent developments in Australia, including mandatory dispute resolution and access to justice, ADR\u00e2\u20ac\u2122s place in legal education, specialised mediation, and support for Australia-based international arbitral hearings.<\/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 Resolving or escalating disputes? Experiences of the NSW Police Force complaints process <\/i><\/b><\/a>\u00e2\u20ac\u201c Jane Goodman-Delahunty, Alan Beckley and Melissa Martin<\/p>\n In 1997 the NSW Police Force implemented a complaints process on the recommendation of the Wood Royal Commission. Client advocates and legal practitioners who represent disadvantaged clients reported client avoidance of the complaints process as a form of dispute resolution and, when it was used, dissatisfaction with the outcomes. Using a mixed-method survey with input from Community Legal Centres New South Wales Inc, the experiences and perceptions of 493 New South Wales practitioners about the complaint process were examined. Results revealed widespread dissatisfaction and mistrust in the process, more extreme among those with personal experience using the system. Reasons for avoiding the system included a perceived lack of independence in complaint investigation, ineffective communication between police and complainants and experiences of victimisation by the police after making an official complaint. Recommendations to improve the use of the process include creating more opportunities for informal dispute resolution.<\/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 An introduction to the challenges and possibilities of faith-based arbitration in Australia <\/i><\/b><\/a>\u00e2\u20ac\u201c Nadav Prawer, Nussen Ainsworth and John Zeleznikow<\/p>\n Formalised faith-based dispute resolution is a growing and important mechanism for implementing the principles of alternative dispute resolution (ADR) and offers particularised arbitration and mediation outcomes, serving needs not met by traditional approaches to conflict resolution. Recent developments in Australian case law have exposed limitations in the operation of faith-based dispute resolution and in the understanding that courts and other arbitration bodies have about its operation. This article explores the nature and principles of faith-based arbitration and highlights its ability to solve disputes through the application of principles held by the parties and through integrated relationships, as well as its cost efficiency, speed and flexibility. It also considers the limitations arising from the cultural and legal dissonance between faith-based dispute resolution and the legislative regimes governing ADR in Australia.<\/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 ADR in legal education: Evaluating a teaching and learning innovation <\/i><\/b><\/a>\u00e2\u20ac\u201c Judy Gutman, Silvia McCormack and Matthew Riddle<\/p>\n A film about the mediation process, The Scholarship Dispute, was incorporated into the teaching and learning program of the first-year compulsory law subject Dispute Resolution in 2012 at La Trobe University Law School. This article describes and reports on two studies evaluating the teaching and learning effect of the film.<\/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 Compensation through conciliation: Payments made through the Office of the Health Services Commissioner <\/i><\/b><\/a>\u00e2\u20ac\u201c James Cameron and Grant Davies<\/p>\n The Victorian Office of the Health Services Commissioner (OHSC) uses methods of alternative dispute resolution to resolve complaints made about health service providers. This study reviews five years of data collected by the OHSC to assess the factors that contribute to the compensation payments arising from conciliation. The conciliation process at the OHSC is voluntary and any compensation payment is arrived at through mutual agreement, so the expectations of the interested parties were also assessed. Each of the factors assessed appeared to have some bearing on the compensation received. Further analysis suggested that the most significant factor in receiving a larger compensation payment was the likely legal outcome of a medical negligence claim. Other factors, such as the type of health service provider, were more indicative of the likely seriousness of the harm caused. In any negotiation process there is a danger that a stronger and more experienced party may overbear the other. However, there was little evidence of this occurring in the process at the OHSC. The research suggests that alternative dispute resolution is an effective means of resolving medical negligence complaints as long as complainant expectations are managed from an early stage.<\/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 Mandatory mediation: A positive development in most cases <\/i><\/b><\/a>\u00e2\u20ac\u201c Krista Mahoney<\/p>\n Alternative dispute resolution processes such as mediation run alongside and complementarily to the courts and tribunals. Mediation can be court-annexed and mandated with or without parties\u00e2\u20ac\u2122 consent, through statute, regulation or other judicial procedures. The most likely referrers of mediation will be judicial officers, court staff or a dispute resolution provider. This article will set out and critically analyse the arguments for and against mandatory mediation. The types of matters and situations where it is appropriate to order mandatory mediation will then be evaluated.<\/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:\u00c2\u00a0WAU – ADRJ Vol 25 Pt 2 contents<\/a>.<\/p>\n\n
Articles<\/h3>\n