In the last edition of the FRC, there are a number of articles which highlight ever‐present themes in the many dispute resolution industries. These themes are: The cyclical nature of family law and DR reform to and fro “faster, cheaper, less formal and more accessible”; Access barriers for the poor and middle class; Access barriers due to geography, distance, and cultural differences; Blossoming of a range of “abbreviated” (short and inexpensive) DR services; The essential, yet neglected, task of systematic diagnosis of possible causes of conflict, and of a possible range of helpful interventions: DR practitioners should aim to “at least do no harm”; If a DR practitioner exhibits care, and core communication skills, how much do different processes matter? The Hawthorne effect—all pilot projects tend to succeed?; There is a constant flow of stories, systematic and statistical knowledge in DR industries. Who is listening and translating this flow of information between the various DR silos and to the public? Key Points for the Family Court Community: The repetitive and predictable cycles of family law reform. Access to DR services restricted by finances, geography and cultural differences. The old saying “at least do no harm” should find a prominent place in all family DR services and training. The Hawthorne effect—all pilot and new projects seem to “succeed” for awhile. What follows? In the many family DR silos, there are “truths” embodied in stories, systems and statistics. Who can translate helpfully from one silo to another?
This Conference Proceeding is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Recommended Citation John Wade. Ethically ambiguous negotiation tactics (EANTs): What are the rules behind the rules? Law Society of Saskatchewan, CPD Seminar: Ethical Negotiations. Saskatchewan, Canada. May. 2014.
This Conference Paper is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Recommended Citation John Wade. (2013) "Judicial mediation and competition for clients and government funding among dispute resolution providers" ADRIA Conference: Integrating ADR into our World. Calgary, Canada.Jun. 2013.
This Conference Paper is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Recommended Citation John Wade. (2010) "Matching disputes and responses: How to diagnose causes of conflict, and to respond with appropriate interventions and/or referrals" Paper presented at the Law Society of British Columbia's annual dispute resolution conference. Vancouver, Canada.Apr. 2010.
This article describes three types of negotiation courses and asks what range of goals is usually achieved in such courses from the overlapping perspectives of organizers, teachers, and participants. It then translates Benjamin Bloom's categories of educational goals into aspirational goals for any negotiation course.
This article provides a helicopter view of some trends in dispute resolution in Australia, with random references to other jurisdictions. Thereby policy planners and practitioners who are dealing with conflict in the area of residential tenancies (or anywhere else) may be able to: locate their organisation and personal lives on the global map; feel normal; discover colleagues and fellow travellers who are attempting to manage conflict, proactively or reactively; anticipate future challenges; and de- velop options for responding to those future challenges. The article highlights the pressures on managers and practitioners to deliver effective services and examines not only the variety of dispute resolution services available, but also the practice computations within each service. It includes a diagnosis of the factors that service providers should consider, including accountability, legislative impact and how issues of cost, competition and practitioner-comfort might impact on quality, methods of practice and user satisfaction. Epidemic of Regulation and Conflict? As the planet decreases in size, social interaction increases. We cannot retreat so readily to our isolated valleys. This leads to an increased amount of national and international contact, and of formal regulation of those contacts. Even if "lawyers" are abolished, there are ongoing job opportunities for lawyers, renamed as regulators/planners/wordsmiths/interpreters/dispute managers. The pace of life and of change means that:
One of the predictable hurdles faced by negotiators, mediators and litigators is when one of the negotiators states, or raises suspicions, that (s)he does not have authority to contract or settle. Rather they must first consult with influential outsiders or constituents.
Mediation is a process whereby a skilled helper assists people to communicate, negotiate and make decisions. There are many different forms and processes being used by successful mediators around the world. There are ongoing research attempts to categorise the different “types” of mediation---for example,” settlement”, ”problem-solving”, “evaluative”, and “therapeutic” mediation. Predictably, as with any labelling process, rarely does any mediator fit neatly into one particular type or category. However, it is essential that lawyers be familiar with the different types of mediation practice. Otherwise they will inevitably refer clients to the wrong service.