Copyright (c) 2009 Bond University All rights reserved. http://epublications.bond.edu.au/john_wade Recent documents in John Wade en-us Sun, 22 Feb 2009 18:37:28 PST 3600 http://epublications.bond.edu.au/law_pubs/225 http://epublications.bond.edu.au/law_pubs/225 Wed, 17 Sep 2008 23:02:38 PDT Extract: Once upon a time in the far off kingdom of Learningland, three negotiation courses were held during the same week in the capital city Rarelyfail. Course A was held in the Hilton Hotel, with delicious food and three speakers. Two of the speakers were famous practitioner negotiators who regularly appeared in the popular media. Their fields of expertise were international trade with China, and hostage rescue. The third was an academic who writes popular books and who teaches on occasion at a high status US university. The three told gripping and humorous stories for two days with many movie clips and power point diagrams. Six hundred people watched and laughed for two days, ate delicious food at the Hilton and met a few new and old friends. They each paid US$4000 to attend. Course B was held across the city in a large conference room of the large law firm Smith, Hughes and Swazenburg. This course was mandatory for all mid- level lawyers in the firm and these people flew from various cities to attend (some rather reluctantly). Ten customers of the firm were also invited to send a representative each. Thirty one people finally attended. Twelve others dropped out at the last minute allegedly due to crises in their offices. The course consisted of short demonstrations and multiple role plays with instant feedback under the supervision of law partners and professional trainers. All of the role plays were based on cases being handled by the law firm and its clients. The role plays tested repetitively preparation of goals, and a range of responses to an emotional party, a hard bargainer, and a disorganised opponent. The role play also drilled the participants in a 12 step negotiation process. Allegedly, the instructors expressly avoided teaching "theory" and concentrated on modelling a range of skills. Course C was also held over two days at a prominent local university. Invitations were sent to other universities, police, law firms, refugee agencies, and a number of international businesses. The cost was $500 US. Fifty three people attended. Papers were summarised by presenters talking. Panel discussions were held on various topics including the sociology and psychology of negotiation; diagnostic criteria for various types of negotiation, or not; and varying negotiation practices allegedly used in different types of transactions, conflicts and across different cultures. Eight articles were eventually published from those presented at the conference. John Wade http://epublications.bond.edu.au/law_pubs/222 http://epublications.bond.edu.au/law_pubs/222 Thu, 01 May 2008 18:38:07 PDT Extract: This paper has four parts, namely a description of: A. The Context ▪ Australia (the place) ▪ The vast landscape of "judicial" or quasi-judicial decision makers B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making Plus an Appendix on Court Structures with details and diagrams. John Wade http://epublications.bond.edu.au/law_pubs/210 http://epublications.bond.edu.au/law_pubs/210 Tue, 18 Dec 2007 21:11:25 PST The mediation movement has been given publicity, funds of taxpayers, and support by propagating simplistic notions of the "adversary" system and of what lawyers do on a daily basis. Conversely, lawyers have often attempted to neutralise this rival profession by (as major doorkeepers to serious family disputes) wilful ignorance of their own behaviour, ignorant criticism of mediator behaviour, anecdotal warfare and attempts to co-opt mediation under their own monopolistic umbrella.This paper reflects upon the behaviour of both family lawyers and family mediators with the aim of assisting each group understand the other. Both groups have much to learn from studying the other. The legal profession has only begun to study itself - some of its members remain unduly fearful of demystification. John Wade http://epublications.bond.edu.au/law_pubs/209 http://epublications.bond.edu.au/law_pubs/209 Tue, 18 Dec 2007 21:11:23 PST 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 develop options for responding to those future challenges. Part 1 of this article, published in Volume 9, Issue 1, highlights the pressures on managers and practitioners to deliver effective services. It examines the variety of dispute resolution services available, but also the variations in practice within each service. Part 2, which follows, includes a diagnosis of the factors that service providers must consider, including accountability, legislative impact and how issues of cost, competition and practitioner-comfort might impact on quality, methods of practice and user satisfaction. John Wade http://epublications.bond.edu.au/law_pubs/208 http://epublications.bond.edu.au/law_pubs/208 Tue, 18 Dec 2007 21:11:21 PST 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 develop options for responding to those future challenges. Part 1 of this article highlights the pressures on managers and practitioners to deliver effective services. It examines the variety of dispute resolution services available, but also the variations in practice within each service. Part 2, published in Volume 9, Issue 2, includes a diagnosis of the factors that service providers must consider, including accountability, legislative impact and how issues of cost, competition and practitioner-comfort might impact on quality, methods of practice and user satisfaction. John Wade http://epublications.bond.edu.au/law_pubs/207 http://epublications.bond.edu.au/law_pubs/207 Tue, 18 Dec 2007 21:11:19 PST 'Mediation' is a slippery concept - a feature it shares in common with many conceptual and behavioural categories including lawyering and psychology. Repetitive debates rage over what are the features of real, pure, classical or sound mediation and what are the hybrid add-ons. This article briefly addresses the multiple meanings of the concept of 'mediation' and some reasons for the continued interest in terminology. John Wade http://epublications.bond.edu.au/law_pubs/206 http://epublications.bond.edu.au/law_pubs/206 Tue, 18 Dec 2007 21:11:16 PST This paper discusses some basic principles concerning negotiation, including preparation for negotiation, negotiation styles, opening offers, the stages of negotiation and strategies and ethics. The last gap in negotiation is the step necessary to reach an agreement between the negotiating parties. This paper also addresses the importance of the last gap, whether the last gap be avoided, how to cross the last gap in negotiations, and available options for crossing the last gap in negotiations. John Wade http://epublications.bond.edu.au/law_pubs/205 http://epublications.bond.edu.au/law_pubs/205 Tue, 18 Dec 2007 21:11:14 PST This article attempts to systematise fifteen common strategies used by problem solving lawyers to re-open negotiations between deadlocked disputants. It raises the question of where such knowledge can be included in the already over-crowded lifelong education of lawyers. John Wade http://epublications.bond.edu.au/law_pubs/194 http://epublications.bond.edu.au/law_pubs/194 Mon, 10 Dec 2007 21:57:58 PST Complex tensions that can occur during negotiations and decision-making are illustrated in the Supreme Court of Victoria decision in the case of Taphoohi v Lewenberg. Cases such as this place judges in the position of making decisions about 'proper mediator behaviour' and of making major policy decisions about professional diversity and standards. John Wade http://epublications.bond.edu.au/law_pubs/140 http://epublications.bond.edu.au/law_pubs/140 Thu, 18 Oct 2007 22:59:30 PDT Having dueling experts is a predictable problem for negotiators and mediators. A routine process in response is set out: normalizing, reframing, and turning the barrier into a standard problem-solving question. Twelve standard responses (each with inevitable advantages and disadvantages) are systematized for mediators and negotiators to learn and possibly add value to any negotiation. John Wade