Copyright (c) 2010 All rights reserved. http://works.bepress.com/bobette_wolski Recent documents in Bobette Wolski en-us Sun, 05 Dec 2010 15:21:13 PST 3600 http://works.bepress.com/bobette_wolski/24 http://works.bepress.com/bobette_wolski/24 Mon, 30 Aug 2010 21:12:07 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/25 http://works.bepress.com/bobette_wolski/25 Mon, 30 Aug 2010 21:12:07 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/23 http://works.bepress.com/bobette_wolski/23 Mon, 30 Aug 2010 21:12:06 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/21 http://works.bepress.com/bobette_wolski/21 Mon, 30 Aug 2010 21:12:05 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/22 http://works.bepress.com/bobette_wolski/22 Mon, 30 Aug 2010 21:12:05 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/19 http://works.bepress.com/bobette_wolski/19 Mon, 30 Aug 2010 21:12:04 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/20 http://works.bepress.com/bobette_wolski/20 Mon, 30 Aug 2010 21:12:04 PDT Bobette Wolski http://works.bepress.com/bobette_wolski/18 http://works.bepress.com/bobette_wolski/18 Tue, 29 Jun 2010 21:33:40 PDT This article focuses on what is likely the most common form of simulation used in law schools, the moot. It discusses concerns about the use of moots in some law schools in three jurisdictions (Australia, the United States and the United Kingdom). The concerns are divided into three categories: those intrinsic to "the traditional moot", those that arise because of the way in which moots are incorporated into the law curriculum, and those that are a product of the nature of moots and the way in which we integrate them. The article suggests a sustainable affordable way in which to address these concerns. The solution proposed consists of two initiatives. First, it is suggested that the traditional moot be replaced with a variety of simulations that make more effective use of experiential learning than does the traditional moot. Second, it is suggested that simulations such as the ones described in the article be integrated into the curriculum by way of a "skills, ethics and values matrix". The article draws on literature from a number of jurisdictions and on the results of a longitudinal study of the efforts of one law school in Australia, Bond University School of Law, to improve teaching and learning in advocacy, ethics and values in the law curriculum. Bobette Wolski http://works.bepress.com/bobette_wolski/17 http://works.bepress.com/bobette_wolski/17 Tue, 29 Jun 2010 21:33:39 PDT This article provides a comparative analysis of civil justice reforms in common law jurisdictions in the two decades since the mid-1980s, with an emphasis on the earlier 'access to justice' reforms, and it examines the implications of those reforms on the role of legal professionals and for law schools attempting to formulate a responsive curriculum. Bobette Wolski http://works.bepress.com/bobette_wolski/16 http://works.bepress.com/bobette_wolski/16 Tue, 19 Jan 2010 18:45:06 PST Extract: This article examines the latest initiatives of the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL) to facilitate the use of ADR in the resolution of international commercial disputes. The initiatives are aimed at enhancing uniformity and predictability of approach to ADR clauses and settlements reached in ADR proceedings. By way of introduction, the article reviews the status of mediation agreements and mediated settlements, absent a system that supports the use of ADR. Bobette Wolski Dispute Resolution http://works.bepress.com/bobette_wolski/15 http://works.bepress.com/bobette_wolski/15 Thu, 24 Sep 2009 21:52:15 PDT Extract: This paper raises a sequence of issues; then provides some possible answers to three of them. The issues, which are interrelated, are as follows: 1. The conference appears to focus on the education of practicing lawyers. Is it reasonable to assume that our students will practice law (when, in some jurisdictions at least, there is evidence that a great number of law students never do). Does this matter? 2. Some of the conference papers refer to the teaching of skills. Is there a consensus that skills should be taught and learned in the curriculum? Indeed, is there consensus on what we mean by the term “skills”? Does it make a difference? 3. What skills should be taught and learned in the curriculum to equip students for the challenges of transnational practice? 4. How should skills be taught? I do not mean by what methodology (for I think it fair to say that there is broad agreement that skills are best taught and learned by experiential learning methods). The real question is how should skills teaching and learning be incorporated (or woven) into the curriculum? Is one way better (and more affordable) than another? 5. Should we not also teach, for each skill, the theory relating to the relevant skill; cross-cultural implications for practice; and issues of ethics, values and professional responsibilities? If yes, then which theories, values and issues should we teach and how? Bobette Wolski http://works.bepress.com/bobette_wolski/12 http://works.bepress.com/bobette_wolski/12 Tue, 17 Feb 2009 12:06:55 PST This issue of the Bond Law Review is devoted to developments in alternative dispute resolution (ADR) in international perspective. Laurence Boulle Dispute Resolution http://works.bepress.com/bobette_wolski/9 http://works.bepress.com/bobette_wolski/9 Tue, 17 Feb 2009 12:06:54 PST 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 Dispute Resolution http://works.bepress.com/bobette_wolski/10 http://works.bepress.com/bobette_wolski/10 Tue, 17 Feb 2009 12:06:54 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 Dispute Resolution http://works.bepress.com/bobette_wolski/11 http://works.bepress.com/bobette_wolski/11 Tue, 17 Feb 2009 12:06:54 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 Dispute Resolution http://works.bepress.com/bobette_wolski/6 http://works.bepress.com/bobette_wolski/6 Tue, 17 Feb 2009 12:06:53 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 Dispute Resolution http://works.bepress.com/bobette_wolski/7 http://works.bepress.com/bobette_wolski/7 Tue, 17 Feb 2009 12:06:53 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 Dispute Resolution http://works.bepress.com/bobette_wolski/8 http://works.bepress.com/bobette_wolski/8 Tue, 17 Feb 2009 12:06:53 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://works.bepress.com/bobette_wolski/3 http://works.bepress.com/bobette_wolski/3 Tue, 17 Feb 2009 12:06:52 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://works.bepress.com/bobette_wolski/4 http://works.bepress.com/bobette_wolski/4 Tue, 17 Feb 2009 12:06:52 PST [extract] This article falls into four main parts. By way of background and in order to provide a context within which to analyse the model [dispute resolution] procedure [for AWAs], the article begins with a brief description of the dispute resolution system which has dominated Australian industrial relations at the federal level for most of this century. It also provides an overview of some of the recent legislative reforms in federal industrial relations, in so far as they are relevant to AWAs. The second part of the article outlines a range of principles which serve as guidelines in the process of designing dispute resolution systems. The system created by the model procedure for AWAs is critiqued in the third part of the article. Since the model procedure operates within the legislative framework of the Workplace Relations Act, the next part of the article examines the capacity of industrial relations institutions such as the Employment Advocate and the Australian Industrial Relations Commission to remedy the deficiencies in the model procedure. It concludes that the capacity of these institutions in this regard is limited. With these limitations in mind, some suggestions for improving the model procedure are offered. Bobette Wolski Dispute Resolution