Dispute Resolution in Australia

The book "Dispute Resolution in Australia: Cases, Commentary and Materials" by David Spencer and Samantha Hardy is a comprehensive guide to the field of dispute resolution in Australia. Here is a detailed overview of the book, including its key themes, content, and critical reception:

Key Themes

1. Dispute Resolution Landscape:

   • The book explores the evolving landscape of dispute resolution in Australia, including the impact of government changes and the establishment of specialist tribunals and commissions.

2. Alternative Dispute Resolution (ADR) Processes:

   • It covers various ADR processes such as negotiation, mediation, arbitration, and conflict coaching. The third edition includes a new chapter on conflict coaching, highlighting its growing popularity in organizational settings.

3. Government and Organizational Approaches:

   • The book discusses how government and non-government organizations are more attuned to detecting and managing conflicts early, leading to the development of organizational conflict management processes.

4. Specialist Tribunals and Commissions:

   • It examines the role of specialist tribunals and commissions in reducing the number of matters proceeding to trial and promoting dispute resolution processes within these bodies.

Content Summary

1. Introduction and Overview:

   • The book provides an introductory framework for understanding dispute resolution in Australia, including its historical context and current practices.

2. Negotiation and Mediation:

   • Chapters on negotiation and mediation delve into the models of mediation (facilitative, evaluative, transformative) and their applications in Australian contexts.

3. Arbitration:

   • The re-written chapter on arbitration discusses the April 2009 agreement and its implications for arbitration practices in Australia.

4. Conflict Coaching:

   • This new feature in the third edition explores conflict coaching as a growing area in dispute resolution, particularly in organizational settings.

5. Organizational Conflict Management:

   • The book discusses the development of organizational conflict management processes and their integration into early conflict detection and resolution strategies.

Critical Reception

While specific reviews of the book are not provided in the search results, the book's third edition is noted for its comprehensive coverage of the evolving dispute resolution landscape in Australia. The inclusion of new chapters and the re-write of existing ones reflect the dynamic nature of the field and the authors' commitment to keeping the content up-to-date.

Editions

• First Edition: The first edition was published in 2005, focusing on foundational aspects of dispute resolution in Australia.
• Second Edition: The second edition, published in 2009, expanded on the models of conciliation and mediation, providing a more detailed analysis of these processes.
• Third Edition: The third edition, published in 2014, reflects significant changes in the dispute resolution landscape, including the impact of government reforms and the rise of specialist tribunals and commissions.

In summary, "Dispute Resolution in Australia: Cases, Commentary and Materials" by David Spencer and Samantha Hardy is a seminal text that provides a thorough understanding of the complex and evolving field of dispute resolution in Australia. Its comprehensive coverage of ADR processes, organizational approaches, and the role of specialist tribunals make it a valuable resource for practitioners, academics, and students in the field.