Publications

On this page...

We welcome contributions to this page. We'd like to see publishing companies publicising their recent publications and searchable indexes, reviews of these and other publications, developing a list of publications to complement existing bibliographies, publishing articles not published elsewhere such as academic papers, research-in-progress papers, and student papers reaching a high standard. An Editorial Board will be appointed to oversee this aspect of the site.

See also the Useful Links page which includes a number of useful mailing lists.

Guides to ADR

The Victorian Association for Dispute Resolution has developed a very useful mediation guide for Conflict Resolution in Schools. It is a 6-page PDF file, available from the VADR website at www.vadr.asn.au (select Resources and scroll down to the bottom of that page).

The Commission of the European Communities in April published a Green Paper on Alternative Dispute Resolution in Civil and Commercial Law. It can be accessed at europa.eu.int/eur-lex/en/com/gpr/2002/com2002_0196en01.pdf.

York University's Centre for Research on Work and Society is pleased to announce the new electronic journal, Just Labour: A Canadian Journal of Work & Society. It is now on-line at: www.justlabour.yorku.ca.

Conciliation Resources (www.c-r.org) produces a journal entitled Accord. Catherine Barnes edited a special issue in 2002: Owning the process: Mechanisms for Political Participation of the Public in Peacemaking. This can be read online.

"Reporting Canada" CR Network's Conflict Resolution News Service.For more information on this venture, e-mail crnetwork@crnetwork.ca or visit www.crnetwork.ca

Conflict, Development & Peace Network (CODEP) email newsletter No 58 aims to provide a forum for the exchange of information and thinking on the causes and impact of conflict and the promotion of good practice in peace building and development. There's heaps of information about workshops, seminars, events and campaigns, resources, jobs, etc. Visit at www.codep.org.uk

Various papers and consultation reports that look interesting at www.lcd.gov.uk. For example studies from the UK, some of which are relevant to court connected mediation: www.lcd.gov.uk/research/1998/res98fr.htm and www.lcd.gov.uk/research/2002/res02fr.htm. To see reports from other years, just change the relevant dates in the URL.

The Association for Conflict Resolution (a merged organization of AFM, CREnet and SPIDR - see acresolution.org) publish an emailed ACR Update (yes, similar to ours)...but at a cost. You can join at acresolution.org/research.nsf/key/reasons. As an ACR member, you are automatically subscribed to the ACR Update. This is the dispute resolution organisation in the USA.

They are working on the development of a Uniform Mediation Act (UMA) which is to support the growth and development of mediation by promoting uniformity across the USA. They say that "...a major focus of the act is the creation of a privilege that provides confidentiality of mediation communications from use in future legal proceedings. There are several exceptions and a number of other points contained in the UMA."

ACR is engaged in a process of reviewing the final version of the UMA based on Eleven Principles. They say that ACR neither endorses nor opposes the final version of the UMA. To view the entire text of the Uniform Mediation Act: www.nccusl.org. You can get more information from the association at acresolution.org.

Jeff Senger, Acting Senior Counsel for Dispute Resolution, U.S. Department of Justice advises that you can subscribe to the list on the Federal US ADR website, www.adr.gov, to keep up-to-date on developments in Federal ADR you can subscribe to the listserv from the homepage and communicate with leading ADR practitioners throughout the Federal government about non-commercial comments or questions. www.adr.gov also contains numerous resources regarding Federal ADR.

Bond University's Dispute Resolution Centre publishes a Newsletter, usually three times a year. Issues are available online at www.bond.edu.au/law/centres/drc/newsletter/

Books

The Dispute Resolution Guidebook by Ruth Charlton

Contents
Dispute resolution choices. Mediation in the mainstream. Basic mediation process. Beyond the Basics – Using process to best advantage. Facilitating direct communication. The role of options in negotiations. Underlying needs in a dispute resolution context.? Questions and answers. Disputes over wills and estates. Commercial disputes. Mediation and the family. Personal injury, nervous shock and professional negligence claims. Workplace conflicts. Banks and borrowers. Community and the neighbourhood. Facilitation: the dispute preventer. Facilitation in multi-party, planning and stakeholder matters. Succession planning for family business and farming properties. Telephone facilitations. Strategic planning facilitations. Conciliation Early neutral evaluation Complaint handling processes. Complaint recording processes. Promotion and accessibility. Evaluation and planning via complaints  Management, staff and training. Remedies.

Approx 330 pages, ISBN 0455 217 475 Softcover. $59 + GST. To order: lawbooks@senet.com.au 

Shared Solutions, by Danny Crossman

A succinct book designed for the layperson: how to use Danny Crossman's 7-step "shared solutions" process to resolve conflicts, make decisions, solve problems, and achieve change. The seven steps are summarized as Participation, Preparation, Establish constructive dialogue, Develop a shared understanding, Explore options, Design and outcome, and Finalise. The author suggests that this process can be applied to problems such as sexual harassment, public policy, restitution, school debating, international conflict, and rainforest conservation. The book is highly readable, and includes many case study examples.

Paperback, 160 pages. RRP $24.95. Published by Lothian Books, Melbourne, 2005, ISBN 07344 0767 X. Copies can be ordered through www.lothian.com.au.

Reports

NADRAC's report, 'A Framework for ADR Standards', was launched in Brisbane in June 2001 and David Syme, the Director of the NADRAC Secretariat advises that it has been placed on their web-site at www.nadrac.gov.au/aghome/advisory/nadrac/standards.htm

'On-line ADR'. This NADRAC background paper has been placed on their web-site at www.nadrac.gov.au

Australian Law Reform Commission article Technology - What Does it Mean for Dispute Resolution - www.uniserv.edu.au/alrc

Draft Report on Alternate Dispute Resolution Procedures under the National Electricity Code.
The National Electricity Code Administrator (NECA) has recently (April 2001) released a draft report on its review of the alternate dispute resolution procedures under the National electricity Code. The draft report has been prepared by Shirli Kirschner of Resolve Advisors. The report reviews the existing dispute resolution scheme in light of developments in both the electricity industry and ADR generally. 

The Yearbook of Commercial Arbitration (v.25, 2000) has an article by Rosabel E. Goodman-Everard titled, "Directory of Arbitration Websites and Information on Arbitration Available Online" at 1205-1256. The article is online at: www.arbitration-icca.org/directory_of_arbitration_website.htm.

There is an extensive annotated bibliography of 1999-2000 arbitration publications at pages 1259-1293 and related websites (pages 1294-1303). Thanks to Lyonette Louis-Jacques at llou@midway.uchicago.edu.

A paper by David Silvera on how mediation in Israel can build cross-cultural empathy and consensus (PDF, 4 pages).

You are encouraged to visit the Canadian peacemakers.ca web site, which contains a bibliography entitled Readings in Dispute Resolution: A Selected Bibliography by Catherine Morris. Catherine describes it as  a starting place for research on dispute resolution and says it was compiled from a number of sources including lists created by scholars, researchers and practitioners from Canada, the United States, Australia and New Zealand. First developed in 1997 and hosted on the website of the Institute for Dispute Resolution at the University of Victoria, it was substantially expanded in 1999. This is a work in progress; scholars and researchers are invited to provide suggestions and corrections. Catherine says that several sections are in need of significant expansion and to increase the international usefulness of the bibliography, contributions are invited of important titles from outside North America . 

An extensive Bibliography of ADR and JDR, on the Asia-Pacific Mediation Forum web site.

Newsletters and journals

Mediation News 

Mediation News (currently in recess) was produced as one of the services to the members of  ADRA (Australian Dispute Resolution Association, New South Wales), VADR (Victorian Alternative Dispute Resolution Association) and SADRA (South Australian Dispute Resolution Association).  If you need further information about these associations, click their acronyms above. 

Ausdispute ADR Updates