About Dr Susan (Sue) Douglas

Sue lectures in law at the University of the Sunshine Coast. She teaches Business Law and Employment Law and her research interests are primarily ADR and Employment Law. Sue is committed to access to justice and volunteers at the Suncoast Community Legal Service.

Extended due date for Newcastle Law Review Special Edition: 30 September

The due date for submissions to the Newcastle Law Review Special Edition on Dispute Resolution has been extended to 30 September 2019.

If you missed the due date for submissions to the Newcastle Law Review and its Special Edition on the National Mediation Conference, a further opportunity for submissions on dispute resolution is available with a due date of 30 September 2019.

Get those papers in!

The Newcastle Law Journal

The Newcastle Law Review (the NLR), the journal of Newcastle Law School, was first launched in 1995. Since that time an impressive array of articles and notes has been published, representing traditional categories of legal scholarship as well as interdisciplinary contributions. Newcastle Law School has reinvigorated the journal and it is now published electronically and an open-access resource to the public.

Newcastle Law School  is organising a special edition of the NLR based on the dispute resolution theory and practice. This special issue will be published in 2019. We welcome the submission of original and high quality research work on dispute resolution for consideration as to publication in this special issue. Please note that the NLR is a refereed journal. The acceptance of a submission for publication is subject to the outcome of a double blind peer-review process with a final publication determination made by the editors after full consideration of the peer reviews.

In making a submission, the authors’ compliance with the following submission guidelines would be much appreciated:

1) Word limit: 6,000 – 9,000 words

2) Referencing style: Australian Guide to Legal Citation (Fourth Edition, 2018)

3) The deadline for submission is Monday 30 September at 5.00pm.

If you have any questions or enquiries in relation to this special edition, please contact: Dr. Bin Li, bin.li@newcastle.edu.au (Editor, The Newcastle Law Review)

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Newcastle Law Journal: Call for Papers: Due 30 August 2019

If you missed the due date for submissions to the Newcastle Law Review and its Special Edition on the National Mediation Conference, a further opportunity for submissions on dispute resolution more broadly is available with a due date of 30 August 2019.

Get those papers in!

The Newcastle Law Journal

The Newcastle Law Review (the NLR), the journal of Newcastle Law School, was first launched in 1995. Since that time an impressive array of articles and notes has been published, representing traditional categories of legal scholarship as well as interdisciplinary contributions. Newcastle Law School has reinvigorated the journal and it is now published electronically and an open-access resource to the public.

Newcastle Law School  is organising a special edition of the NLR based on the dispute resolution theory and practice. This special issue will be published in 2019. We welcome the submission of original and high quality research work on dispute resolution for consideration as to publication in this special issue. Please note that the NLR is a refereed journal. The acceptance of a submission for publication is subject to the outcome of a double blind peer-review process with a final publication determination made by the editors after full consideration of the peer reviews.

In making a submission, the authors’ compliance with the following submission guidelines would be much appreciated:

1) Word limit: 6,000 – 9,000 words

2) Referencing style: Australian Guide to Legal Citation (Fourth Edition, 2018)

3) The deadline for submission is Friday 30 August at 5.00pm.

If you have any questions or enquiries in relation to this special edition, please contact: Dr. Bin Li, bin.li@newcastle.edu.au (Editor, The Newcastle Law Review)

The Mystery of Civil Collaborative Practice

By Timothy Nugent

This post reflects on collaborative practice, the dispute resolution phenomenon on which my PhD research is focused. Because this research is ongoing, the post concludes with an invitation to participate directed towards to lawyers, and to members of other professions involved in collaborative processes such as psychologists, child specialists, financial advisors, mediators and coaches. To participate in the study, by participating in an online survey, and/or in an electronic interview, please consider this invitation and if you have any questions don’t hesitate to contact me at timothy.nugent@usq.edu.au.

So what is collaborative practice?’ It’s a question I’ve answered many times in the course of my PhD, a study of the potential for collaborative practice beyond its main use in divorce. However, no matter how much information I gather on the topic I’m never entirely sure how I should answer.

In one answer, I explain that collaborative practice is an emerging alternative form of legal practice, initiated by Stu Webb in the United States in the early 1990’s (Webb & Ousky 2011). The defining procedural characteristic of the process is that lawyers represent clients in a settlement role only. If the matter proceeds to litigation, both lawyers are disqualified from further representation in that matter. The parties may litigate but bear the cost of retaining new (adversarial) counsel. I would proceed to discuss the ‘participation agreement,’ a contract or series of contracts that sets out the limits of collaborative representation, and the other duties that collaborative practitioners usually agree to therein: to disclose all relevant materials, to negotiate in good faith, including not taking advantage of errors of fact or law made by the other side, and to resolve the matter by interest-based negotiations rather than positional stances or threats of litigation (Tesler 2017).

In another answer, collaborative practice is an alternative legal culture. A community of lawyers who have become frustrated with the conventional adversarial approach to legal services and have directed that energy into creating a new way of doing things. This impetus for change does not appear to be particular to any one jurisdiction or the approach used in collaborative practice. Collaborative practitioners are active in family law across the United States, Canada, the United Kingdom, Ireland, Australia, and Hong Kong (Tesler 2017). Collaborative practice has even bridged the divide between common-law and civil legal traditions with increasing use in civil law jurisdictions such as Italy and the Netherlands. In November 2018, a group of International Academy of Collaborative Professionals trainers (IACP) conducted the first collaborative training in Japan (IACP 2018). Collaborative practitioners have been active in Australia for around twelve years (Scott & Collins 2017). Collaborative practice associations are active in most Australian States and Territories and have achieved growing recognition for the process among dispute resolution options. The NSW law society website, for example, promotes collaborative practice as ‘the process of choice when neither litigation nor mediation quite fit the bill.’

The answer I rarely give is the personal one, that for me why collaborative is not more widely adopted is a mystery. One which my research hopes to contribute to solving. Collaborative practice was intended as a method of general application, but has struggled to achieve traction in areas of law other than divorce. Between 2006 and 2010, the IACP collected data from its members in relation to their collaborative matters. Of 933 matters reported, 97 percent were divorces, with the remainder comprising mostly other types of family matters (Crescent Research 2010). Only three non-family civil matters were reported: an employment matter, a sexual harassment/retaliation matter, and a probate matter (Crescent Research 2010) Perspectives on this trend have been advanced in the literature, eg. (Hoffman 2003)(Difonzo 2009, p. 600), but the matter would benefit from further empirical attention (Lande 2011, p. 21). My PhD research looks at whether there are opportunities for collaborative practice in other areas of law, and if so, what are the barriers which limit its use or utility outside of family law.

In investigating this issue, it was decided that a particularly broad research frame was necessary. I have been conducting research not only with members of the collaborative practice community, but also lawyers within the traditional adversarial paradigm, and practitioners from other disciplines, such as mediation, or financial planning that have participated in the collaborative process. The common thread among this population is a willingness to reflect on the nature of legal practice, and how to deliver a service for clients that minimises disputes and does not damage relationships going forward but has potential for collaborative practice in areas where it has rarely been used. If you are interested you can contribute to my research by contributing your thoughts, either by completing an anonymous survey, https://surveys.usq.edu.au/index.php/656114?lang=en and/or in an interview. If you would like to know more, please email me at timothy.nugent@usq.edu.au. (Research Ethics Approval No. H18REA076).

Associazione Italiana Professionists Collaborativi (website) http://www.praticacollaborativa.it Crescent Research, ‘International Academy of Collaborative Professionals Practice Survey’ (2010) http://www.collaborativepractice.com

DiFonzo, Herbie J, ‘A Vision for Collaborative Practice: Final Report of the Hofstra Collaborative Law Conference (2009) 38 Hofstra Law Review 569

Hoffman, David, ‘Collaborative Practice in the World of Business’ (2003) 6 The Collaborative Review 1

International Academy of Collaborative Professionals, ’First Collaborative Practice Training in Japan’ (website) http://www.collaborativepractice.com/event/first-collaborative-practice-training-japan

Lande, John, ‘An Empirical Analysis of Collaborative Law’ (2011) 49 Family Court Review 257 Law Society NSW (website), ‘Collaborative Practice’, https://www.lawsociety.com.au/advocacy-and-resources/publications-and-resources/my-practice-area/collaborative-law

Scott, Marilyn and Collins, Pauline, ‘The Challenges for Collaborative Lawyers in Providing CP Processes’ (2017) 31 Australian Journal of Family Law 28

Tesler, Pauline, Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation (American Bar Association, 3rd ed, 2017) Vereniging van collaborative professionals (website) http://www.vvcp.nl

Webb, Stu and Ousky, Ron, ‘History and Development of Collaborative Practice’ (2011) 49 Family Court Review 213–220

NMC Submissions to the ADRJ due 26 July 2019

Get your papers into the ADRJ for a special issue on the National Mediation Conference by this Friday!!! This is a unique opportunity to contribute to research and scholarship arising from the conference. See the call for papers below.

The Australasian Dispute Resolution Journal (ADRJ)

The Australasian Dispute Resolution Journal (ISSN: 1441-7847) is a key resource for staying up to date in the area of Alternative Dispute Resolution (ADR). The journal features articles covering the broad spectrum of ADR methods, including mediation, arbitration, independent expert appraisal, negotiation and early neutral evaluation.

Covering a diversity of topical matters relating to ADR within and outside the court system, the Australasian Dispute Resolution Journal includes articles from a broad range of ADR practitioners, teachers and academics.

Call for Submissions (Special Issue: NMC 2019)

Innovation and research continues to expand our knowledge in the broad field of dispute resolution. The next Part of the Australasian Dispute Resolution Journal is a special issue focusing on the National Mediation Conference held last April in Canberra. Submissions for unpublished articles on the topic (up to 5,000 words) and book reviews (up to 1,000 words) are welcome. All articles are peer reviewed.

Contributions should be emailed to the Thomson Reuters Editor at lta.adrj@thomsonreuters.com. by 26 July 2019.

Ruth Charlton

General Editor, Australasian Dispute Resolution Journal (ADRJ)

A Reminder: NMC 2019 Publication Opportunities

The National Mediation Conference 2019 Canberra partnered with four academic journals to provide opportunities for those who attended to publish from their conference papers. This is a reminder to participants and others in the ADR field to submit to the following journals:

The Australasian Dispute Resolution Journal (ADRJ)

The Australasian Dispute Resolution Journal (ISSN: 1441-7847) is a key resource for staying up to date in the area of Alternative Dispute Resolution (ADR). The journal features articles covering the broad spectrum of ADR methods, including mediation, arbitration, independent expert appraisal, negotiation and early neutral evaluation.

Covering a diversity of topical matters relating to ADR within and outside the court system, the Australasian Dispute Resolution Journal includes articles from a broad range of ADR practitioners, teachers and academics.

Call for Submissions (Special Issue: NMC 2019)

Innovation and research continues to expand our knowledge in the broad field of dispute resolution. The next Part of the Australasian Dispute Resolution Journal is a special issue focusing on the National Media Conference held last April in 2019 in Canberra, and submissions for unpublished articles on the topic (up to 5,000 words) and book reviews (up to 1,000 words) are welcome. All articles are peer reviewed.

Contributions should be emailed to the Thomson Reuters Editor at lta.adrj@thomsonreuters.com. by 18 July 2019.

Ruth Charlton

General Editor, Australasian Dispute Resolution Journal (ADRJ)

The Newcastle Law Journal

The Newcastle Law Review (the NLR), the journal of Newcastle Law School, was first launched in 1995. Since that time an impressive array of articles and notes has been published, representing traditional categories of legal scholarship as well as interdisciplinary contributions. Newcastle Law School has reinvigorated the journal and it is now published electronically and an open-access resource to the public.

Newcastle Law School, in collaboration with the Design Committee of the National Mediation Conference 2019, is organising a special edition of the NLR based on the mediation theory and practice. This special issue (National Mediation Conference – Special Mediation Issue) will be published in 2019. We welcome the submission of original and high quality research work on mediation for consideration as to publication in this special issue. Please note that the NLR is a refereed journal. The acceptance of a submission for publication is subject to the outcome of a double blind peer-review process with a final publication determination made by the editors after full consideration of the peer reviews.

In making a submission, the authors’ compliance with the following submission guidelines would be much appreciated:

1) Word limit: 6,000 – 9,000 words

2) Referencing style: Australian Guide to Legal Citation (Fourth Edition, 2018)

3) The deadline for submission is Friday 19 July at 5.00pm. Late submissions will not be considered.

If you have any questions or enquiries in relation to this special edition, please contact: Dr. Bin Li, bin.li@newcastle.edu.au (Editor, The Newcastle Law Review)

Dispute Resolution Review

The Dispute Resolution Review (DRR) is an open access double blind peer reviewed journal.

Special Issue: National Mediation Conference 2019

Background information

The National Mediation Conference (NMC) is held every 2 years and in 2019 celebrated its overdue 25th anniversary. The NMC brings together Australia’s most respected and experienced mediators and dispute resolution practitioners to develop and enhance mediation practice, research, and education, as well as to gain deeper insights into predicted future developments. In 2019, the focus of the conference was on the rigour of research and the importance of a credible evidence base to inform the future of mediation and other forms or types of dispute resolution.

Call for papers

This double-blind peer-reviewed special issue of the DRR will showcase papers presented at the NMC in 2019. We invite submissions from all presenters at the conference in the following paper categories:

1. Full-length articles describing applications of dispute resolution, dispute resolution theory, research analysis, and future developments (5000-10000 words)

2. Practice notes describing practical innovations or initiatives, case studies or work in progress (approximately 2000 words)

3. Professional reflections on contentious and topical issues (approximately 1000 words)

4. Book reviews (500-1000 words)

Please submit your paper via the online Scholastica submission process: https://blr.scholasticahq.com/for-authors.

The deadline for full-text submissions is Friday June 28th, 2019.

Stylesheet and further information

Author information including a style sheet, referencing guide, and background information for the journal is available at: https://drr.scholasticahq.com/for-authors

Conflict Resolution Quarterly

Research and Practice Trends and Innovations

Call for Papers on Mediation

Conflict Resolution Quarterly publishes scholarship on relationships between theory, research, and practice in the conflict resolution and ADR fields. Conflict Resolution Quarterly is sponsored by the Association for Conflict Resolution.

This call for papers is designed to elicit the latest research, evaluations, and practice notes in the field of Mediation.

Each article should include a review of the applicable literature and support all claims with research and references.
Suggested topics might include but are not limited to:
 New knowledge, cutting-edge approaches, and changes to mediation practice
 Research detailing best practices for mediators or others involved in ADR and conflict resolution work
 Innovative mediation case studies with lessons learned for others to consider
 Discussion of other third-party conflict resolution practices including dialogue, facilitation, facilitated
negotiation, regulatory negotiations, fact-finding, conflict coaching, diplomacy, and arbitration at the local,
national or international levels
 Examinations of the fields and subfields of alternative dispute resolution (ADR) and conflict resolution,
including the current state of knowledge and current or future trends
 Analyses of disputant and third-party behavior, preference, and reaction to mediation situations, processes, and
outcomes
 Consideration of mediation in a variety of contexts including family, organizational, community, healthcare,
educational, commercial, and international contexts
 Sensitivity to relational, social, and cultural contexts that define and impact conflict and its management
 Discussion of mediation training and its changing demands, both for practitioners and educators concerned
with program development and program evaluation
 Needs assessments examining underdeveloped areas of mediation research or a forecast of future directions

Please include a 100-word abstract and adhere to CRQ formatting guidelines. CRQ uses a double-blind peer review process to assure fair and equal access to all authors.

The deadline for this Call for Papers is July 15, 2019, but submissions received after this date may be considered for inclusion in a later edition of CRQ.

All submissions are to be made electronically via this website: http://mc.manuscriptcentral.com/crq

For information on manuscript preparation, visit:
https://onlinelibrary.wiley.com/page/journal/15411508/homepage/forauthors.html

Susan S. Raines, Ph.D., Editor-in-Chief, CRQ
Professor of Conflict Management, Kennesaw State University,
sraines@kennesaw.edu

 

 

NMC 2019 Rosalind Croucher, AM, President, Human Rights Commission

We had the privilege and pleasure of an address from Emeritus Professor Rosalind Croucher, AM, President of the Human Rights Commission on day 2 of the National Mediation Conference.

Professor Croucher’s address included the following themes:

  • The history of Human Rights legislation in Australia and recent outcomes
  • The architecture of Human Rights complaint handling through the HRC and the central place of conciliation.

Professor Croucher traced the development of Human Rights legislation in Australia in its political context and provided an overview of the work of the Commission, summarised in the diagram below.

  • Animated infographic illustrating statistics from the article.

(Reproduced from the HRC website at: https://www.humanrights.gov.au/ )

Professor Croucher noted that well over 1,000 conciliations had been conducted at the HRC in the last year and reflected on the significance of conciliation for the resolution of complaints her comments echo her address to the Supreme and Federal Court Judges’ Conference 2019 in Hobart, 22 January 2019.

“So much of this work of conciliation continues unnoticed and observed over the years. The reports, required in a few instances, and only in cases of human rights complaints or ILO 111 discrimination, may attract attention—at times—because they do become public of necessity, even though the names may be protected through pseudonyms. Publicity may also happen if the individuals involved in any of the otherwise confidential processes decide not to keep them confidential.

But the Commission’s record over the years speaks for itself. For example, if we look at the number of complaints the Commission has received and conciliated over the past 20 years, the numbers represent successful alternative dispute resolution through conciliation for more than 30,000 people and organisations.  And these are not just numbers: for every matter there is an individual who has taken the initiative, sometimes the courageous decision, of coming to the Commission.”

(Reproduced from: https://www.humanrights.gov.au/news/speeches/ahrc-roles-responsibilities-and-challenges )

ADRRN Roundtable: Extension for submission of paper proposals to Friday 10 August

Thank you to those who have submitted paper proposals to the ADR Research Network Roundtable. In response to requests from potential contributors, the due date for paper proposals for the 7th ADR Research Network Roundtable is hereby extended to Friday August 10th.

Final draft papers are remain due by 31 October for distribution to commentators. This date in October remains firm given the need for commentators to prepare before the Roundtable.

The Australian Dispute Resolution Research Network is pleased to be hosting its seventh annual research round table in Queensland. The roundtable will be held from Monday 3rd and Tuesday 4th Decemeber at the University of the Sunshine Coast in South East Queesnland (just north of Brisbane and accessed from Maroochydore/ Sunshine Coast airport). Details of the venue and of accomodation options will be provided to those you wish to attend.
The Network welcomes proposals that consider dispute resolution from a scholarly, critical and/or empirical perspective. We particularly encourage submissions from postgraduate students and early career researchers. All proposals will be considered. Papers must not have been published or submitted for publication, as the focus is work in progress. A panel will select round table papers from abstracts submitted. The aim is to be as inclusive as time and numbers allow.

Paper proposals of up to 300 words plus a short bio should be emailed to the adrresearchnetwork@gmail.com/

The following selection criteria will be applied:
• Papers taking a scholarly, critical and/or empirical perspective on an area of dispute resolution;
•  Inclusion of a spread of participants across stages of career; and
•  Presntation of  well-balanced range of work in order to provide diversity, to develop the field and to enable stimulating discussion.

Attendance at the Round Table is limited to individuals who are contributing to the scholarly discussions by presenting a paper, or commentating and/or chairing a session. Participation is on a self-funded basis.
For further information, please:
• Read the original call of papers on the ADR Network blog of 11 April 2018
• Contact the conference convenors Sue Douglas and Lola via adrresearchnetwork@gmail.com (monitored twice weekly)