No subject area
Marriage and Cohabitation Contracts, The National Legal Eagle (2011)
Extract:
Hollywood films and movie stars sometimes mention ‘pre-nups’ or ‘marriage contracts’. What are these...
Preparing for mediation and negotiation in succession disputes, Paper to be presented at the British Columbia annual succession conference (2010)
This paper argues that a major task for lawyers in succession disputes, negotiations and mediations...
Matching disputes and responses: How to diagnose causes of conflict, and to respond with appropriate interventions and/or referrals, Paper presented at the Law Society of British Columbia's annual dispute resolution conference (2010)
This short paper will address three broad topics from an Australian perspective. Parts of this...
What do clients of mediators "want"?, Keynote paper presented at the Law society of British Columbia's annual dispute resolution conference (2010)
Extract:
This title reflects a familiar marketing and ethical question for all service providers...
The procedural evolution of conflict towards litigation and implications for legal publishers, CCH conference on the future of legal publishing (2010)
This paper will summarise three topics found repetitively in the research of Professor Marc Galanter,...
Negotiating with difficult people, Law papers (2009)
Extract:
This paper firstly suggests a working description of a “difficult person”; secondly, describes...
The committee to make the students learn, Rethinking negotiation teaching: Innovation for context and culture (2009)
Defining success in negotiation and other dispute resolution training, Negotiation journal (2009)
This article describes three types of negotiation courses and asks what range of goals is...
"Judicial" decision-making in Australia - Critique and redemption, The national legal eagle (2009)
Extract:
This paper has four parts, namely a description of:
A. The Context ▪ Australia...
Persuasion in negotiation and mediation, Law papers (2008)
This paper endeavours to provide a framework for common patterns of behaviour and persuasion, observed...
Defining “success” in negotiation and other dispute resolution training, Law papers (2008)
Extract:
Once upon a time in the far off kingdom of Learningland, three negotiation courses...
"Judicial" decision-making in Australia – Critique and redemption, Law papers (2008)
Extract:
This paper has four parts, namely a description of:
A. The Context ▪ Australia...
Collaborative lawyering - some preliminary thoughts for Australia, Law papers (2006)
Extract: As legislation, funding and courts change, so do the dispute resolution products, in new...
Learning and teaching : aims, goals and objectives, Teaching and learning papers (2006)
[Extract]
AIM – to think critically about the concepts of educational ‘AIMS’.
GOAL – to...
Teaching and learning class : Lectures and tutorials, Teaching and learning papers (2006)
What is good teaching in higher education?
Arbitral decision making in family property disputes - lotteries, crystal balls, and wild guesses, Law papers (2006)
[Extract] Outline: 240 expert family lawyers in Australia, acting as arbitrators, wrote judgments/awards. on an...
Dobermans and diplomats: seventeen strategies for re-opening hopelessly deadlocked negotiations., Law papers (2006)
Extract: This paper attempts to set out seventeen common strategies used by skilled “problem-solvers” to...
A Lasting Agreement (with Christopher Honeyman), The Negotiator's Fieldbook: The Desk Reference for the Experienced Negotiator (2006)
So, you finally have a deal! How can you make the deal stick? This straight-forward...
Bargaining in the Shadow of the Tribe, The Negotiator's Fieldbook: The Desk Reference for the Experienced Negotiator (2006)
The negotiations have gone on for hours or months or years. A deal is at...
Crossing the Last Gap, The Negotiator's Fieldbook: The Desk Reference for the Experienced Negotiator (2006)
It's three o'clock in the morning. You've been negotiating or mediating since 9 a.m. and...
Dueling Experts, The Negotiator's Fieldbook: The Desk Reference for the Experienced Negotiator (2006)
Your case is complicated: it involves specialized knowledge, and without some help, the judge probably...
Formal Legal Education: A Few Lessons From The Past, Useful For The Future, Law papers (2006)
This note suggests (again) that some of the goals of legal education can be discovered...
Strategic Language Used by Mediators (and Negotiators), Resources (2005)
This paper summarises ‘types’ or categories of linguistic interventions used by mediators (and negotiators). Then...
Tools from a Mediator’s tool-box; Reflections on Matrimonial Property Disputes, Resources (2005)
This article comments upon eight practices used in matrimonial property mediations or negotiation conferences. These...
Marriage and cohabitation contracts, The National Legal Eagle (2004)
Extract:
Hollywood films and movie stars sometimes mention "pre-nups" or "marriage contracts". What are...
Special methods and tools for educating the transnational lawyer (with Duncan Bentley), Law papers (2004)
Extract:
The development of legal education has seen a variety of experiments that are...
Representing Clients Effectively in Negotiation, Conciliation and Mediation, Resources (2004)
This paper argues that a major task for lawyers in family disputes, negotiations, conciliation and...
Systematic Risk Analysis for Negotiators and Litigators: How to Help Clients Make Better Decisions, Resources (2004)
This article will set out: • What is a written risk analysis • Reasons why...
Duelling experts in mediation and negotiation: How to respond when eager expensive entrenched expert egos escalate enmity, Law papers (2004)
Having dueling experts is a predictable problem for negotiators and mediators. A routine process in...
Representing Clients Effectively in Negotiation, Conciliation and Mediation of Family Disputes, Law papers (2004)
This article argues that a major task for lawyers in family disputes, negotiations, conciliation and...
Bargaining in the Shadow of the Tribe and Limited Authority to Settle, Bond Law Review (2003)
There are a number of predictable hurdles faced by negotiators and mediators. One of these...
Legal presumption that children spend equal time with separated parents in Australia: A flawed reform proposal?, Law papers (2003)
In 2003, the Australian government established an inquiry into whether there should be a legal...
Conflict Management: A Practical Guide, ADR Bulletin (2003)
Extract:
Peter Condliffe’s book is a welcome addition to the growing library of literature...
Arbitral Decision Making in Family Property Disputes - Lotteries, Crystal Balls, and Wild Guesses, Law papers (2003)
240 expert family lawyers in Australia, acting as arbitrators, wrote judgments/awards on an identical set...
Liability of mediators for pressure, drafting and advice, Law papers (2003)
Complex tensions that can occur during negotiations and decision-making are illustrated in the Supreme Court...
Four myths of family law, The National Legal Eagle (2002)
Extract:
Family lawyers are often cornered in taxis, elevators and supermarkets by people who...
False dichotomies and asking the right questions, Law papers (2002)
This is a comment on a recent article entitled Enacting and Reproducing Social and Individual...
Levels of problem definition, ADR Bulletin (2001)
Extarct:
Leonard Riskin has suggested that problem definition can take place at (at least) four conceptual...
“Don’t waste my time on negotiation and mediation, this dispute needs a judge.” which conflicts need judges? which conflicts need filing?, Law papers (2001)
This article contains two parts. First, there is a framework aimed at encouraging lawyers and...
Don’t waste my time on negotiation or mediation; this case needs a judge: When is litigation the right solution?, Law papers (2001)
This article contains two parts. First, there is a framework aimed at encouraging lawyers and...
Mediation – Seven fundamental questions, Law papers (2001)
In parts of many countries, mediation is a commonly used process for managing and resolving...
Expanding the concept of ‘legal’ knowledge (yet again): some strategies for re-opening deadlocked negotiations, Law papers (2000)
This article attempts to systematise fifteen common strategies used by problem solving lawyers to re-open...
Re-inventing the pyramid: A process for teaching and learning in mediation courses, Law papers (2000)
This article describes an orthodox teaching and learning process known as the pyramid. It sets...
Arbitration of Matrimonial Property Disputes, Bond Law Review (1999)
This article will address the area of arbitration of matrimonial property disputes. This topic is...
What skills and attributes do experienced mediators possess?, ADR Bulletin (1999)
Extract:
Ian Hanger QC, on behalf of LEADR, invited 50 experienced Australian ‘commercial’ mediators to a...
Writing Theses and Reports - An Acronym for Structure in the Wilderness: TCAGONARM, Bond Law Review (1999)
The aim of this article is to describe a model for structuring analytical writing on...
Forever bargaining in the shadow of the law - Who sells solid shadows? (Who advises what, how and when?), Law papers (1998)
Extract:
Mediators, lawyers and other skilled helpers normally exhort disputants to obtain “independent legal...
Current trends and models in dispute resolution, Part 1, Law papers (1998)
This article provides a helicopter view of some trends in dispute resolution in Australia, with...
Current trends and models in dispute resolution, Part 2, Law papers (1998)
This article provides a helicopter view of some trends in dispute resolution in Australia, with...
Four Evaluation Studies of Family Mediation Services in Australia, Law papers (1997)
Over the last century, it has been very rare for any systematic attempt to be...
Legal skills training: Some thoughts on terminology and ongoing challenges, Law papers (1994)
Extract:
This paper aims to set out briefly the grand goals of law school education;...
Forms of Power in Family Mediation and Negotiation, Law papers (1994)
The aim of this paper is to demonstrate that the concept of “power” in negotiation...
Mediation: the terminological debate, Law papers (1994)
‘Mediation’ is a slippery concept – a feature it shares in common with many conceptual...
Reasons for the tensions between the cultures of law school and law office, Law papers (1994)
This paper identifies a catalogue of reasons for tensions between two cultures, bracketed broadly under...
The last gap in negotiations - why is it important? how can it be crossed?, Law papers (1994)
This paper discusses some basic principles concerning negotiation, including preparation for negotiation, negotiation styles, opening...
Lawyers and mediators: what each needs to learn from and about the other, Law papers (1991)
The mediation movement has been given publicity, funds of taxpayers, and support by propagating simplistic...
Meet MIRAT legal reasoning fragmented into learnable chunks, Law papers (1990)
Extract:
Here is one method of describing the analytical aspect of "thinking like a lawyer"...
The Behaviour of Family lawyers and the Implications for Legal Education, Legal Education Review (1989)
[Extract] Legal educators have often developed courses with the purported goal of teaching students to...
Limited purpose marriages, Modern law review (1982)
A LIMITED purpose marriage occurs when a man and a woman enter a full status...