DR in Australia - a fresh perspective
25 May 2017
25 May, Sydney
Join us for the launch of Australian Dispute Resolution – Law and Practice (LexisNexis, Sydney, 2017) by Resolution Institute members, Laurence Boulle and Rachael Field. The book presents a critical, evaluative and accessible discussion of dispute resolution methods available in Australia. It identifies both the theoretical and political underpinnings of each method and places it in the domestic social and political context.
One of the pioneering and much-respected texts in Australian ADR has been Dispute Resolution in Australia by Hilary Astor and Christine Chinkin, two editions of which were published by LexisNexis. Its evaluations and analyses had profound impacts on dispute resolution theory, scholarship and practice and it was an early export of Australian expertise abroad.
Drawing on some of the inspiring insights of the original authors, the content has been entirely reconceptualised and rewritten to provide an up-to-date account of many of the key issues in contemporary dispute resolution theory and practice including:
- to avoid binary distinctions between litigation and other processes
- to provide a matrix of variables for the perplexed
- to restate the contemporary values and goals of DR processes
- to analyse the interface between practice and theory
While the text highlights the significance of DR expertise for legal professional identity it acknowledges and embraces the many disciplines which have cumulatively contributed to the dynamics of the contemporary discipline in Australia. In tidying up the messy shrubbery of DR buds and blooms the authors provide fresh garden beds for processes without independent interveners, facilitated processes, advisory and evaluative processes and determinative processes.
Join your NSW Chapter for this discussion with the authors about the conceptual shifts the book provides in its exegesis of DR.
About the authors
Prof Laurence Boulle AM practised law for five years before becoming an academic. He has held academic positions at four Australian law schools and has taught at universities in New Zealand, the Pacific, Africa and Europe. He was a foundation staff member at the Bond University Law School where he established the Dispute Resolution Centre which continues to provide extensive training and continuing professional development after two decades. His current teaching and research interests are in mediation and dispute resolution and in globalisation and international economic law.
Laurence has published extensively in constitutional law, employment law, mediation and DR, and in international investment and globalisation. His books on mediation have been published in seven countries and has presented papers at numerous international conferences.
He has practised for 23 years as a mediator and as consultant to governments on conflict management and dispute systems design. He was chair of NADRAC and the Mediator Standards Board, and served on the National Native Title Tribunal as a part-time member. He was appointed a Member of the Order of Australia in 2008. He was LEADR Fellow from 2013-15 and in 2015 was appointed Fellow of the Australian Dispute Resolution Association. He is currently Professor of Law at the Thomas More Law School, Sydney.
Prof Rachael Field's interest in DR began as a family lawyer in the 1990s. Her Masters by Research comparing the efficacy of litigation and mediation processes in family law matters led her to conclude that because DR offers positive and important alternatives to litigation, this was to become her area of expertise and scholarly pursuit.
In 1993 as a volunteer with Women's Legal Service she became increasingly committed to advocating for access to justice for vulnerable women and their children - particularly those in circumstances of domestic and family violence. Her PhD thesis on mediation ethics brought these issues together and offered a new paradigm for ethical mediator practice and conduct, one that deals more effectively with issues of power in mediation contexts.
Rachael has published widely in her areas of research interest which include DR, women and the law and family law, the first year experience, legal education, and student success and well-being. Her research has had significant national impact and international recognition and contributed to her being named 2013 Queensland Woman of the Year.