Women and ADR

Alternative dispute resolution, or ‘ADR’, is defined by the National Alternative Dispute Resolution Advisory Council as: … an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them. ADR is commonly used as an abbreviation for alternative dispute resolution, but can also be used to mean assisted or appropriate dispute resolution. Some also use the term ADR to include approaches that enable parties to prevent or manage their own disputes without outside assistance. A broad range of ADR processes are used in legal practice contexts, including, for example, arbitration, conciliation, mediation, negotiation, conferencing, case appraisal and neutral evaluation. Hybrid processes are also used, such as med-arb in which the practitioner starts by using mediation, and then shifts to using arbitration. ADR processes generally fall into one of three general categories: facilitative, advisory or determinative. In a facilitative process, the ADR practitioner has the role of assisting the parties to reach a mutually agreeable outcome to the dispute by helping them to identify the issues in dispute, and to develop a range of options for resolving the dispute. Mediation and facilitated negotiation are examples of facilitative processes. ADR processes that are advisory involve the practitioner appraising the dispute, providing advice as to the facts of the dispute, the law and then, in some cases, articulating possible or appropriate outcomes and how they might be achieved. Case appraisal and neutral evaluation are examples of advisory processes. In a determinative ADR process, the practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a determination. Arbitration is an example of a determinative ADR process. The use of ADR processes has increased significantly in recent years. Indeed, in a range of contemporary legal contexts the use of an ADR process is now required before a party is able to file a matter in court. For example, Juliet Behrens discusses in Chapter 11 of this book how the Family Law Act 1975 (Cth) now effectively mandates attendance at pre-filing family dispute resolution in parenting disputes. At the state level, in Queensland, for example, attendance at a conciliation conference can be required in anti-discrimination matters, and is encouraged in residential tenancy matters, and in personal injuries matters the parties must attend a preliminary compulsory conference. Certain ADR processes are used more commonly in the resolution of particular disputes. For example, in family law contexts, mediation and conciliation are generally used because they provide the parties with flexibility in terms of process and outcome while still ensuring that the negotiations occur in a positive, structured and facilitated framework. In commercial contexts, arbitration and neutral evaluation are often used because they can provide the parties with a determination of the dispute that is factually and legally principled, but which is also private and more timely than if the parties went to court. Women, as legal personalities and citizens of society, can find themselves involved in any sort of legal dispute, and therefore all forms of ADR are relevant to women. Perhaps most commonly, however, women come into contact with facilitative ADR processes. For example, through involvement in family law disputes women will encounter family dispute resolution processes, such as mediation. In this chapter, therefore, the focus is on facilitative ADR processes and, particularly, issues for women in terms of their participation in such processes. The aim of this chapter is to provide legal practitioners with an understanding of issues for women in ADR to inform your approach to representing women clients in such processes, and to guide you in preparing women clients for their participation in ADR. The chapter begins with a consideration of the ways in which facilitative ADR processes are positive for women participants. Next, some of the disadvantages for women in ADR are explored. Finally, the chapter offers ways in which legal practitioners can effectively prepare women clients for participation in ADR. Before embarking on a discussion of issues for women in ADR, it is important to acknowledge that women’s experiences in these dispute resolution environments, whilst often sharing commonalities, are diverse and informed by a range of factors specific to each individual woman; for example, her race or socio-economic background. This discussion, therefore, addresses some common issues for women in ADR that are fundamentally gender based. It must be noted, however, that providing advice to women clients about participating in ADR processes requires legal practitioners to have a very good understanding of the client as an individual, and her particular needs and interests. Some sources of diversity are discussed in Chapters 13, 14 and 15.

Knowledge integration within innovation process : a technopreneurial perspective

Knowledge Integration (KI) is one of the major aspects driving innovation within an organisation. In this paper, we attempt to develop a better understanding of responses to the challenges of knowledge integration within the innovation process in technology-based firms. Using four technology-based Australian firms, we investigated how knowledge integration may be managed within the context of innovation in technology firms. Previous research highlights the role of four KI tasks that affect the innovation capability within technology-oriented firms, namely team building capability, capturing tacit knowledge, role of Knowledge Management (KM) systems and technological systemic integration. Our findings indicate that in addition to these four tasks, a strategic approach to integrating knowledge for innovation, as well as leadership and management, are essential to achieving effective KI across multiple levels of engagement. Our findings also offer practical insights into how knowledge can be integrated within innovation process, with specific implications for managers.

Public sector change, person-organization fit, and work attitudes : a mediation model

Organizational change is a typical phenomenon within public sector agencies in OECD countries. An increasing number of studies in the literature examine the implementation of change and its resulting impact on the work attitudes of public sector employees; however, little is known about the extent to which change management processes impact on employees’ work attitudes. This study aims to address this issue by developing a path model underpinned by change management and public service motivation literature. The path model was tested on a sample of 308 managerial and non-managerial public sector employees from the U.S. The results provide further empirical evidence on the types of change initiatives on nursing work and change management processes being implemented. Public sector agencies in the sample implemented a variety of change initiatives such as downsizing, delayering and empowerment. Employees reported two change management processes: the provision of change-related information and participation in change decision making. While the results indicate that change produces change-induced stressors, change information tends to reduce stressors and, subsequently, role stress. The results also indicate that change management processes are associated with higher levels of public service motivation, which is in turn connected to higher levels of person–organization fit. Person–organization fit was found to partially mediate the relationship between public service motivation and job satisfaction in the context of change.

Proceedings of the Third International Workshop on Theory and Applications of Process Visualization

This is the third TAProViz workshop being run at BPM. The intention this year is to consolidate on the results of the previous successful workshops by further developing this important topic, identifying the key research topics of interest to the BPM visualization community. We note this year the continuing interest in the visualisation of process mining data and resultant process models. More info at: http://wst.univie.ac.at/topics/taproviz14/

“My hands are plunged in oranges”…: an experiential account of a working process

This presentation incorporated the live performance throughout, by the author, of movement from “The All Weather Project” by Liz Roche. Movement sections are indicated by italics. “I am going to start by dancing for you… Movement: Live performance of solo approximately 10 minutes in duration This is the introduction... Through my PhD research, I am examining the choreographic process from the perspective of the independent contemporary dancer, through embodying this role as a researcher/participant. My methodological frameworks, which utilise video documentation and journal writing, could be characterised as ethnographic, multi-modal embodied theorising, leading to “multi-dimensional theorising” (I adopt this term from Susan Melrose). In this way, I am unwinding the embodied practice of dancing, through the co-existent layers of experience, towards forming a theoretical understanding of the issues that arise for the dancer. The issues that I have identified as relevant to my research are those relating to the dancer’s ‘moving identity’ or way of moving, as a mutable and adaptable form that must alter and re-adjust to each different choreographic engram or movement vocabulary, that she/he encounters. I am examining this interplay between stability and change. I also reflect on the impact of destabilisation and flux on the dancer’s identity in a wider sense, as she/he relates outwardly to signifying factors within the social strata. Today I am going to bring you through a reflection on the working process of a dance piece as experienced from the inside. By doing so, I hope to capture and elucidate the multi-dimensional layers which existed for me within this process. Through displaying these fragments together, I endeavour to invoke the ‘totality’ of the experience...

Distant Deaths : How Newspapers Report Fatal Events from Abroad

Despite the advent of globalisation and increasing interaction between people from different cultures, many people still are influenced in their opinion about people from other countries based on what they read, see or hear in the mass media. By investigating how newspapers report about deaths in their foreign news sections, this book provides an in-depth account of the journalistic decision-making behind the portrayal of people from other countries. Although there have been a few studies that examined news coverage of foreign death to some extent, this particular study presents the first comprehensive analysis of the topic. The book examines how newspapers in Australia and Germany decide on which foreign deaths to cover and, employing an innovative framework, it finds that cultural connections play a large part in the decision-making process. Differences between the newspapers in terms of linguistic and visual coverage of fatal events can also be traced along cultural lines. The book will be useful to students of journalism, international and intercultural communication as well as anyone interested in discourses about death in the public sphere.