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Full-Text Articles in Law
'Judicial' Decision-Making In Australia: Critique And Redemption, John Wade
'Judicial' Decision-Making In Australia: Critique And Redemption, John Wade
John Wade
Extract: In Australia, as in most countries, the landscape of judges is vast. Judicial activity can be categorised in many ways. For example, first there is a tiny minority of judges with ’lifelong’ appointments (ie, to the age of 70 or 72 years); who are appointed by the government in power; who work in offices which look like traditional ’courtrooms’; and whose decision-making processes are usually publicised by observers and the publication of decisions and reasoning; and who, importantly, are constitutionally protected from political interference.
Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade
Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade
John Wade
No abstract provided.
Preparing For Mediation And Negotiation In Succession Disputes, John Wade
Preparing For Mediation And Negotiation In Succession Disputes, John Wade
John Wade
This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.
Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade
John Wade
This short paper will address three broad topics from an Australian perspective. Parts of this paper will be relevant to Canada and to other countries. First, where is the pressure coming from for dispute resolution professionals to improve the diagnosis of causes of conflict; and to improve the choice of intervention and/or referral to other skilled helpers? Secondly, what diagnostic dispute resolution services (problem defining) are currently “available”? What methods are used to make an initial diagnosis of causes of a conflict, and appropriate possible “interventions”? Thirdly, what dispute resolution assistance (problem solving) is “available” in each area of conflict? …
What Do Clients Of Mediators "Want"?, John Wade
What Do Clients Of Mediators "Want"?, John Wade
John Wade
Extract: This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want? Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong. There are three elements in the question – what do the (1) clients of (2) mediators (3) want?