ANZAC Day and Conflict Management

Nathan Lay is an Australian opera singer, and he gives a touching version of the song, ‘And the Band Played Waltzing Matilda.’  Two of Nathan Lay’s grandfathers fought during World War I (Kelly, 2017).   Lay’s grandfathers and other fallen and wounded soldiers paid with their lives to keep Australians and others safe. Australians service personnel often fought beside their allies, and their persistence and sacrifices are remembered on April 25, and this is ANZAC Day!

The image above is of an Australian Digger who stands guard at Port Douglas, Queensland, Australia.

Conflict management methods do not need to be limited to armed conflicts and wars. The binding decisions of arbitrators may determine disputes that occur in connection with domestic and international agreements.  A judge is a kind of arbitrator who presides over proceedings.   In arbitration, the parties who have a distinct legal association agree to arbitrate their disputes. An arbitrator often hears the parties’ positions, receives evidence, and makes findings.

The written arbitration agreement may be contained in a contract or stand independently from this. Deals are preferably in writing; the parties should retrieve an ‘electronic communication’ for their future reference.   If arbitrators are selected often, they will be impartial.  They may be members of good standing of an association and appear in a directory of arbitrators.   The arbitrator’s authority is a derivate of this agreement. Unlike a judge, the arbitrator generally does not have inherent jurisdiction to adjudicate’.  Arbitration and litigation are kinds of adjudication.  Arbitrators may consult and depend upon earlier cases in the development of arbitration clauses.

Arbitration could be applied to address complex content and to develop procedural safeguards, including confidentiality.  Non-parties to the agreement are not bound by arbitration.  Arbitration awards could become frustrated by including others and matters outside the scope of the initial agreement.  The arbitration may occur online, potentially bringing arbitrators and parties together across nations to manage disputes.   A contract to arbitrate can be autonomous from another agreement or be included as part of a central accord.  The costs of war to human life and the planet are unbearable, and conflict management methods that do not involve wars or armed conflicts are options of choice. (Kernaghan, 2018).

Also see:

Further Reading

Allan Edward Barsky, Conflict Resolution for the Helping Professions (2000, Wadsworth) 10.Boulle, Laurence, Mediation Principles Process Practice (2nd ed, 2005, LexisNexis Butterworths).

Boulle, Laurence, Mediation Skills and Techniques (2001, Butterworths).

Commercial Arbitration Act 2010 (NSW) s 7

Fran Kelly, RN Breakfast

Gabrielle Kaufman-Kohler, Arbitral Precedent: Dream, Necessity or Excuse? (2006) 357.

Innersense International Inc. v Manegre, 2000 ABQB 424 s 28.

Internet Corporation for Assigned Names and Numbers, Approved Providers for Uniform Domain-Name Dispute-Resolution, Policy Internet Corporation for Assigned Names and Numbers (ICANN).

Jonette Watson Hamilton, ‘Arbitration” in Julie Macfarlane (ed), Dispute Resolution Readings and Case Studies (WordsWorth Communication, 2nd ed, 2003) 615,623.

Lee Kernaghan, Oh Passchendaele

Lee Kernaghan, The Unbearable Price of War

Nathan Lay, And the Band Played Waltzing Matilda.

National Alternative Dispute Resolution (NADRAC), Alternative Dispute Resolution < https://www.ag.gov.au/legal-system/alternative-dispute-resolution>.

Sourdin, Tania, Alternative Dispute Resolution (2nd ed, 2005, Lawbook Co) 231.