Lisa Toohey
ltoohey.bsky.social
Lisa Toohey
@ltoohey.bsky.social
Professor of Law at UNSW Sydney, Fulbrighter, avid traveller and dog lover. I spend my time thinking, teaching and writing on WTO / Trade law, dispute resolution and legal design thinking - an eclectic mix that makes perfect sense in my brain!
13th Network Roundtable: Call for papers extended to Monday 3 November

There's still time to get your abstract in! Please submit your abstract by 3 November 2025. The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at…
13th Network Roundtable: Call for papers extended to Monday 3 November
There's still time to get your abstract in! Please submit your abstract by 3 November 2025. The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation…
adrnetwork.blog
October 23, 2025 at 9:04 PM
The Art of the Prompt for Lawyers, Mediators, and Arbitrators

John Lande This article has been republished with permission. The original publication can be located within Indisputably. The quality of AI outputs depends on users’ skill in inputting good prompts. That’s the premise of my new…
The Art of the Prompt for Lawyers, Mediators, and Arbitrators
John Lande This article has been republished with permission. The original publication can be located within Indisputably. The quality of AI outputs depends on users’ skill in inputting good prompts. That’s the premise of my new article: The Art of AI Prompting in Law and Dispute Resolution Practice. It provides practical guidance about how to use AI tools responsibly, ethically, and effectively.
adrnetwork.blog
October 23, 2025 at 1:31 AM
When Apologies Don’t Come: Understanding and Managing Refusal to Apologise in Mediation

By Dr Samantha Hardy and Dr Judith Rafferty This article has been republished (with minor amendments) with permission. The original publication can be found at The Conflict Management Academy. Apologies can be…
When Apologies Don’t Come: Understanding and Managing Refusal to Apologise in Mediation
By Dr Samantha Hardy and Dr Judith Rafferty This article has been republished (with minor amendments) with permission. The original publication can be found at The Conflict Management Academy. Apologies can be transformative. A genuine “I’m sorry” has the potential to mend trust, restore dignity, and signal a willingness to move forward. Yet in practice, many mediators have sat through sessions where one party waits, sometimes desperately, for an apology that never arrives.
adrnetwork.blog
October 16, 2025 at 1:31 AM
Reminder: Registration and Call for Papers for Australian Dispute Resolution Research Network Roundtable 

The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable…
Reminder: Registration and Call for Papers for Australian Dispute Resolution Research Network Roundtable 
The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation. We are accepting paper proposal's for the Roundtable. We welcome proposals that consider dispute resolution from a scholarly, critical and/or empirical perspective.
adrnetwork.blog
October 9, 2025 at 1:30 AM
Getting Ahead of the Curve:  A Video for Mediators and Lawyers About AI

Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in…
Getting Ahead of the Curve:  A Video for Mediators and Lawyers About AI
Artificial intelligence (AI) is increasingly part of daily life in legal and mediation practice. Mediators and lawyers (“practitioners”) may wonder how they can use it to provide good client service and remain competitive in the marketplace. Indeed, some practitioners may wonder whether they’ll be able to do so in the future without using AI. Recent data show that lawyers’ use of AI in the US is growing rapidly – and many practitioners will need to learn how to use it effectively to succeed in a changing market. 
adrnetwork.blog
October 2, 2025 at 2:31 AM
Navigating the Grey Zones: A Practical Guide to Ethical Decision-Making for Mediators

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. The Conflict Management Academy has been running “The Mediator’s Dilemma…
Navigating the Grey Zones: A Practical Guide to Ethical Decision-Making for Mediators
Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. The Conflict Management Academy has been running “The Mediator’s Dilemma Series” events this year, in which mediators explore a challenging hypothetical and discuss how they would deal with the dilemmas at various stages of the process. These events have been well attended and the discussions enlightening (and sometimes heated!) but what struck me after having reviewed the sessions so far is that the ethical decision making process used by participants was, well to be frank, rather ad hoc.
adrnetwork.blog
September 18, 2025 at 2:30 AM
Thinking Like Mediators About the Future of AI

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine you’re a mediator and someone tells you what’s troubling them. They’re deeply upset about a product they…
Thinking Like Mediators About the Future of AI
John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine you’re a mediator and someone tells you what’s troubling them. They’re deeply upset about a product they believe poses serious risks. They cite past harms, question whether it should ever have been introduced, and urge that it be removed from the market or tightly restricted.
adrnetwork.blog
September 11, 2025 at 2:30 AM
Mediator Dilemmas, Reflective Practice, and the Artistry of Ethical Judgment

Dr Claire Holland Why Mediator Dilemmas Matter Mediation is often described as structured and principled. An approach that empowers parties to find their own way through conflict with the support of a neutral third party.…
Mediator Dilemmas, Reflective Practice, and the Artistry of Ethical Judgment
Dr Claire Holland Why Mediator Dilemmas Matter Mediation is often described as structured and principled. An approach that empowers parties to find their own way through conflict with the support of a neutral third party. At its best, mediation provides a space where voice, dignity, and autonomy are protected. Yet, despite this aspirational framing, the reality of practice is rarely straightforward.
adrnetwork.blog
September 4, 2025 at 2:30 AM
Boundaries in conflict

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. In my work with clients in conflict, I constantly find that they have missed many opportunities to manage conflict more effectively. In…
Boundaries in conflict
Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. In my work with clients in conflict, I constantly find that they have missed many opportunities to manage conflict more effectively. In particular, they often fail to set appropriate boundaries (or ANY boundaries) to allow themselves to be at their best in conflict situations.
adrnetwork.blog
August 28, 2025 at 2:33 AM
Medianos Intercultural: Constructive Intercultural Protocol for Sustainable Conflict Responses

Massimiliano Ferrari's creation of Medianos, a board game designed to help parties align with "interests and needs" rather than "positions", demonstrates measurable success in Western mediation training…
Medianos Intercultural: Constructive Intercultural Protocol for Sustainable Conflict Responses
Massimiliano Ferrari's creation of Medianos, a board game designed to help parties align with "interests and needs" rather than "positions", demonstrates measurable success in Western mediation training contexts (Tambù Creative Team, 2023). The board game is designed to effectively teach collaborative problem-solving skills and transform adversarial thinking patterns. Ferrari's intent to democratize mediation knowledge through accessible gameplay merits recognition (Gowers, 2025).
adrnetwork.blog
August 21, 2025 at 2:32 AM
Considering where to publish your Dispute Resolution research and experience

Pauline Collins and David Spencer This article has been republished and adapted with permission. The original publication can be located within the Australasian Dispute Resolution Journal. Despite people negotiating…
Considering where to publish your Dispute Resolution research and experience
Pauline Collins and David Spencer This article has been republished and adapted with permission. The original publication can be located within the Australasian Dispute Resolution Journal. Despite people negotiating disputes since time immemorial, the formalisation of dispute resolution in Australia dates back only around half a century. Prior to this there was litigation, compromise offers and informal settlement negotiations. Dispute resolution also referred to as alternative, assisted, additional dispute resolution or just dispute management now entails a growing range of approaches to assist parties in resolving or managing their dispute.
adrnetwork.blog
August 14, 2025 at 2:30 AM
Rethinking Family Mediation in England and Wales, and Beyond

For several decades, the Australian family dispute resolution literature has examined the operation of family mediation and other family dispute resolution procedures. Much of this data comes from funded evaluations and projects…
Rethinking Family Mediation in England and Wales, and Beyond
For several decades, the Australian family dispute resolution literature has examined the operation of family mediation and other family dispute resolution procedures. Much of this data comes from funded evaluations and projects following the Family Law Amendment (Shared Parental Responsibilities) Act 2006. However, the English and Welsh literature on contemporary family mediation is limited in comparison. Much of our research has remained focused on the court system, even though many, if not most, people involved in child arrangements or post-separation financial matters deal with their disputes outside of it.
adrnetwork.blog
July 31, 2025 at 10:38 AM
Are Mediators Ever Liable? Rethinking Accountability in Our Practice

Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s”…
Are Mediators Ever Liable? Rethinking Accountability in Our Practice
Samantha HardyThis article has been republished with permission. The original publication can be found at The Conflict Management Academy. Inspired by Jennifer L. Schulz (2023). Mediator Liability 23 Years Later: The “Three C’s” of Case Law, Codes, & Custom. Ottawa Law Review / Revue de droit d’Ottawa, 55(1):151–186. Available at:  A Quiet Assumption For many of us working in the mediation field, there’s a quiet assumption we rarely question: that we’re not likely to be sued for what happens in a mediation room.
adrnetwork.blog
July 18, 2025 at 4:09 AM
13th Australian Dispute Resolution Research Network Roundtable

27-28 November 2025 Monash University Call for Paper Proposals The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus,…
13th Australian Dispute Resolution Research Network Roundtable
27-28 November 2025 Monash University Call for Paper Proposals The Australasian Dispute Resolution Research Network is pleased to be hosting its 13th research roundtable on 27-28 November 2025 at Monash University Clayton campus, Melbourne. The roundtable is supported by the Faculty of Law at Monash University and the Australian Centre for Justice Innovation. The roundtables are designed to encourage a collaborative and supportive research environment in which papers are work-shopped and discussed in detail.
adrnetwork.blog
June 26, 2025 at 3:16 AM
What’s the alternative to mediation? Meet the European Board Game Going Global

Responding to @Massimiliano Ferrari's recent post sharing @Dr. Anna Maria Bernard's powerful insights about digital conflicts in Basilicata. Here's what we're seeing as Medianos spreads globally... Massimiliano…
What’s the alternative to mediation? Meet the European Board Game Going Global
Responding to @Massimiliano Ferrari's recent post sharing @Dr. Anna Maria Bernard's powerful insights about digital conflicts in Basilicata. Here's what we're seeing as Medianos spreads globally... Massimiliano Ferrari's sharing of Dr. Anna Maria Bernard's insights from Basilicata Region perfectly captures what those who understand transformation are witnessing worldwide - the emerging need for approaches that naturally dissolve digital-age conflicts. Dr. Bernard's experience with Medianos confirms what you may already be sensing as this remarkable method continues spreading across continents.
adrnetwork.blog
June 20, 2025 at 2:30 AM
AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine doing your work without word processing, spell checkers, email, the internet, search…
AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think
John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first. In time, people just take them for granted.
adrnetwork.blog
June 5, 2025 at 2:32 AM
Introducing the Financial Industry Disputes Resolution Centre in Singapore and its Unique Approach to Mediation

By Eunice Chua (CEO, FIDReC) and Rachel Lim (Intern, FIDReC) The context of consumer financial disputes Tom went on an overseas holiday with his friends, and they went out to a pub on…
Introducing the Financial Industry Disputes Resolution Centre in Singapore and its Unique Approach to Mediation
By Eunice Chua (CEO, FIDReC) and Rachel Lim (Intern, FIDReC) The context of consumer financial disputes Tom went on an overseas holiday with his friends, and they went out to a pub on their last night. They drank till the early hours of the morning. Tom was in a celebratory mood and paid for everyone’s drinks with his credit card. He and his friends left for their hotel at 3am.
adrnetwork.blog
May 29, 2025 at 2:30 AM
Sometimes You Need to Be Seen to Be Heard: Three Easy Ways to Visualize What Matters in Your Dispute

Dan Berstein & Robert Bergman This article has been republished with permission and the original publication can be located at Mediate.com. It can be difficult to get on the same page when you are…
Sometimes You Need to Be Seen to Be Heard: Three Easy Ways to Visualize What Matters in Your Dispute
Dan Berstein & Robert Bergman This article has been republished with permission and the original publication can be located at Mediate.com. It can be difficult to get on the same page when you are caught in the middle of an adversarial dispute. Each party has their own biases – they want to win! Amidst a deluge of seemingly endless “facts” to pick from, sometimes it can feel like the parties are living in entirely different universes.
adrnetwork.blog
May 22, 2025 at 2:30 AM
RPS Coach is Biased – And Proud of It

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans…
RPS Coach is Biased – And Proud of It
John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful. Others are helpful. Many are neutral. But bias itself is unavoidable.
adrnetwork.blog
May 15, 2025 at 2:30 AM
How Attorneys Can Be Quasi-Mediators

John LandeThis article has been republished and adapted with permission. The original publication can be located within the University of Missouri School of Law Journal. How Can You Turn Adversarial Attorneys into Quasi-Mediators?, my Theory Meets Practice…
How Attorneys Can Be Quasi-Mediators
John LandeThis article has been republished and adapted with permission. The original publication can be located within the University of Missouri School of Law Journal. How Can You Turn Adversarial Attorneys into Quasi-Mediators?, my Theory Meets Practice column in CPR’s Alternatives magazine, summarizes a discussion with members of the Association of Attorney-Mediators. It builds on Creating Educational Value by Teaching Law Students to be Quasi-Mediators…
adrnetwork.blog
May 1, 2025 at 2:32 AM
Mind the Gap! *NEW* Findings on Practical Legal Training in NSW

Although the legal profession prides itself on rigorous training and high standards, recent research reveals a gap between education and practice. On 9 April 2025, the New South Wales Legal Profession Admission Board (LPAB) released a…
Mind the Gap! *NEW* Findings on Practical Legal Training in NSW
Although the legal profession prides itself on rigorous training and high standards, recent research reveals a gap between education and practice. On 9 April 2025, the New South Wales Legal Profession Admission Board (LPAB) released a research report conducted by Urbis that examined Practical Legal Training (PLT) in NSW (the report). This report offers crucial insights for legal educators, practitioners, and the profession as a whole as it provides a view of the current landscape of legal education.
adrnetwork.blog
April 17, 2025 at 2:30 AM
The Yoorrook Justice Commission Report: Has Truth-Telling Met Its Mark?

By Imogen Stephenson This post is part of a series of the best blog posts written by undergraduate law students enrolled in 2024 in Non-Adversarial Justice at Monash Law. The establishment of the Yoorrook Justice Commission in…
The Yoorrook Justice Commission Report: Has Truth-Telling Met Its Mark?
By Imogen Stephenson This post is part of a series of the best blog posts written by undergraduate law students enrolled in 2024 in Non-Adversarial Justice at Monash Law. The establishment of the Yoorrook Justice Commission in 2021 as Australia’s first formal truth-telling process into historical and ongoing injustices experienced by First Nations people marked a significant milestone in the nation’s journey towards reconciliation.
adrnetwork.blog
April 9, 2025 at 10:01 PM
The Newcastle Writers Festival is always amazing but a highlight has been Kate Grenville in conversation with David Marr talking about how to face up to the uncomfortable reality of Australia’s violent past.
April 6, 2025 at 12:49 AM
The Artificially Intelligent RPS Negotiation and Mediation Coach

John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Until January 27, I hadn’t planned to develop an AI tool for dispute resolution. That changed when…
The Artificially Intelligent RPS Negotiation and Mediation Coach
John LandeThis article has been republished and adapted with permission. The original publication can be located within Indisputably. Until January 27, I hadn’t planned to develop an AI tool for dispute resolution. That changed when I Zoomed into a program where Susan Guthrie showed how AI could be used in mediation. A brief conversation at the end shifted from mediating disputes to improving writing – and that’s when a light bulb lit up in my head.
adrnetwork.blog
April 3, 2025 at 1:30 AM
(Mis)Understanding the role and potential of mediation in resolving medical negligence disputes in Ireland

Presented by Dr Mary Tumelty, visiting scholar to the Australian Centre for Justice Innovation, Monash Lawwith guest commentator, Mr Nick Mann, Polaris Lawyers Date: Monday, 31 March…
(Mis)Understanding the role and potential of mediation in resolving medical negligence disputes in Ireland
Presented by Dr Mary Tumelty, visiting scholar to the Australian Centre for Justice Innovation, Monash Lawwith guest commentator, Mr Nick Mann, Polaris Lawyers Date: Monday, 31 March 2025Time: 12:00pm - 1:30pmLunch provided with seminar commencing at 12:30pmVenue: Monash Law Staff Library Clayton Campus, or Zoom (link to be provided on the day)   Please register via this…
adrnetwork.blog
March 27, 2025 at 1:33 AM