Copyright (c) 2009 Bond University All rights reserved. http://epublications.bond.edu.au/bobette_wolski Recent documents in Bobette Wolski en-us Wed, 18 Feb 2009 15:09:48 PST 3600 http://epublications.bond.edu.au/law_pubs/198 http://epublications.bond.edu.au/law_pubs/198 Wed, 12 Dec 2007 21:19:18 PST This article provides a comparative analysis of community mediation, that is the mediation of interpersonal disputes between individuals, in China and the West. It explores the link between culture, society and preference for dispute resolution methods and examines the impact of socio-cultural forces on the practice of mediation. Particular emphasis is given to the functional aspects of mediation; that is, the way in which mediation is perceived and the purpose for which it is used. Bobette Wolski http://epublications.bond.edu.au/law_pubs/197 http://epublications.bond.edu.au/law_pubs/197 Wed, 12 Dec 2007 21:19:09 PST The Laws of Australia is a legal encyclopaedia which uses over 38,000 legal statements to summarise virtually all areas of Australian law. This service provides the principles of law and discusses their context in all Australian jurisdictions. The content is written by a team of over 400 specialist contributing authors, with ongoing review by a team of expert editors. The paper format of The Laws of Australia consists of 36 Titles in 53 looseleaf binders. Bobette Wolski http://epublications.bond.edu.au/law_pubs/196 http://epublications.bond.edu.au/law_pubs/196 Wed, 12 Dec 2007 21:19:03 PST This paper was presented at the Second International Mediation Conference, Adelaide, January 1996. The view is presented that teaching and learning dispute resolution is labour and resource intensive, and the role of self-instruction in this area is discussed. The paper also presents an outline of problems within a conventional teaching and learning environment as well as some techniques for learning by self-instruction, and addresses the possibilities for the use of self-instructional materials. Bobette Wolski http://epublications.bond.edu.au/law_pubs/195 http://epublications.bond.edu.au/law_pubs/195 Wed, 12 Dec 2007 21:18:53 PST This article examines the concepts of "voluntariness" and "consensuality" as they relate to mediation with a view to ascertaining the extent to which they may be considered to be defining characteristics of the process. The concepts are examined in the light of mediation practice, both historically and cross-culturally, and as it is practised today. The article necessarily includes an examination of the extent to which mediators can exert pressure to settle and influence the substantive outcome of a dispute. Bobette Wolski http://epublications.bond.edu.au/bobette_wolski/1 http://epublications.bond.edu.au/bobette_wolski/1 Wed, 12 Dec 2007 21:17:39 PST This paper considers the ways in which the principles in Fisher and Ury's 'Getting to Yes' are applicable to the mediation process. Aspects addressed include positional and interest-based negotiation, the limits of the model, mediator strategies outside the scope of 'Getting to Yes', and the meaning of 'win/win' in negotiation. Bobette Wolski http://epublications.bond.edu.au/law_pubs/167 http://epublications.bond.edu.au/law_pubs/167 Sun, 04 Nov 2007 22:43:22 PST Paper given at the Australasian Law Teachers' Association Conference, Vanuatu, 2-4 July 2001, questioning the concepts of mediator neutrality and impartiality. This paper also discusses the strategies used by mediators to pressure parties to settle and influence the course and outcomes of mediations, the contextual factors that influence mediator choice of strategies, and possible mediator interests and various sources of mediator power and influence. Bobette Wolski http://epublications.bond.edu.au/law_pubs/166 http://epublications.bond.edu.au/law_pubs/166 Sun, 04 Nov 2007 22:43:17 PST [extract] The article is in three parts. The first sketches the various approaches to skills integration that have emerged in Australian law schools and makes some general observations about skills teaching in law schools in Australia, America and the United Kingdom. For the purpose of this article, it is assumed that the term skill has been adequately defined, that skills teaching/learning has a place in the undergraduate law curriculum, and that there is broad agreement on the skills (and values) that should be taught. In the second part of the article I review the challenges involved in teaching skills at law school. This part focuses on the labour- and resource-intensive nature of skills teaching and on the difficulty of developing skills incrementally in a structured and systematic way throughout a student's undergraduate studies in law. The third describes the skills program operating at the law school at Bond University. It describes the content of the program, the institutional rules and routines governing the program, and the way in which the program is related to other parts of the curriculum. It may provide a useful model for other law schools considering the implementation of an integrated skills program and, at the same time, highlight some of the pitfalls to be avoided in setting up such a program. Bobette Wolski http://epublications.bond.edu.au/law_pubs/165 http://epublications.bond.edu.au/law_pubs/165 Sun, 04 Nov 2007 22:43:15 PST The international community, the International Chamber of Commerce (ICC) and United Nations Commission on International Trade Law (UNCITRAL) have recognised the use of ADR for resolution of international commercial disputes. Bobette Wolski http://epublications.bond.edu.au/blr/vol13/iss2/2 http://epublications.bond.edu.au/blr/vol13/iss2/2 Thu, 13 Sep 2007 23:26:08 PDT Several international organisations, including the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL), are now taking steps (albeit small and tentative ones) to establish an infrastructure of laws, rules and procedures which recognises ADR clauses and settlements reached in ADR [alternative dispute resolution] proceedings. These efforts are aimed at promoting certainty and consistency in the use of ADR processes and, ultimately, at expanding the options available to parties for the resolution of international commercial disputes. This article examines the latest initiatives of the ICC (namely the ICC ADR Rules) and UNCITRAL (namely the Draft UNCITRAL Model Law on International Commercial Conciliation) to facilitate the use of ADR options such as mediation and conciliation. Bobette Wolski http://epublications.bond.edu.au/blr/vol13/iss2/1 http://epublications.bond.edu.au/blr/vol13/iss2/1 Thu, 13 Sep 2007 23:26:06 PDT This issue of the Bond Law Review is devoted to developments in alternative dispute resolution (ADR) in international perspective. Laurence Boulle