Analysis - ALTERNATIVE DISPUTE RESOLUTION AU - ADR - ODR

an image with the prompt: 'courtroom scene in an Australian court room, inspired by a BBC image of a courtroom scene, with fourteen members of a religious group being convicted for the murder of an eight-year-old diabetic girl

Michael J. Tyler
February 1, 2025

Religious Freedom and the Law: An Analysis Inspired by R v Struhs

Analysis of religious freedom rights in the wake of the conviction of fourteen Australian religious group members for the death of an eight-year-old diabetic girl, who was denied insulin for nearly a week due to extreme religious beliefs. Religious freedom is a fundamental human right, enshrined in international legal frameworks and recognised in Australian law. […]

A symbolic representation of justice and counter-terrorism in Australia. The image features the scales of justice balanced against a backdrop of Sydney

Michael J. Tyler
January 30, 2025

Antisemitic Attacks in Sydney: Do They Constitute Terrorism Under Australian Law?

The recent surge in antisemitic attacks in Sydney has raised significant concerns about public safety, social cohesion, and the adequacy of Australia’s counter-terrorism laws. One of the most alarming incidents involved the discovery of a caravan in Dural, northwest of Sydney, containing Powergel explosives and antisemitic material, including a list of Jewish targets. The explosives, […]

A symbolic digital artwork depicting the concept of gender identity and human rights. The image shows two figures standing on opposite sides of a cracked bill

Michael J. Tyler
January 26, 2025

The Impact of Trump’s Executive Orders on Human Rights: A Legal and Ethical Analysis

On January 20, 2025, President Donald Trump signed an executive order titled Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government. This order mandates that all federal agencies in the United States recognise only two biological sexes—male and female—determined at conception. This move effectively eliminates legal recognition of transgender and […]

Michael J. Tyler
November 25, 2024

Analysis: Alternative Dispute Resolution for Trademark Disputes

Alternative Dispute Resolution (ADR) refers to a collection of methods used to resolve disputes without resorting to litigation. In the realm of intellectual property (IP) law, particularly trademark disputes, ADR offers an efficient, cost-effective, and flexible alternative to court proceedings. As the global economy grows increasingly competitive, trademarks have become invaluable assets, making disputes over their use, registration, or infringement more frequent. This essay explores the role of ADR in trademark disputes, the methods used, its advantages, and its challenges.

Michael J. Tyler
November 12, 2024

Mandatory Reporting of Child Abuse and Neglect

Mandatory reporting of child abuse and neglect is a legal requirement for professionals in specific roles to report suspected child abuse to designated authorities.

Michael J. Tyler
November 3, 2024

Analysis: Marriage of Rice and Asplund in Australian family law

By Michael J. Tyler In the Marriage of Rice and Asplund a foundational case in Australian family law, particularly regarding modifications to parenting orders and the best interests of the child. This case set an important precedent for family dispute resolution (FDR) by establishing the “threshold test” for altering existing parenting arrangements. It underscores the […]

Michael J. Tyler
October 31, 2024

Opinion: The Transformative Impact of Family Dispute Resolution on Australian Families

By Michael J. Tyler Family Dispute Resolution (FDR) has quietly but powerfully transformed how Australian families navigate separation and conflict, moving away from the adversarial system to a more cooperative and constructive process. With family disputes, especially those involving children, on the rise in Australia, FDR offers a meaningful path toward healing and mutual understanding. […]

Michael J. Tyler
September 28, 2024

The Future of ADR vs. Adversarial Law: A New Era of Dispute Resolution

By Michael J. Tyler As the world becomes increasingly interconnected and disputes become more complex, the legal system is evolving. Traditional adversarial law, rooted in courtroom battles, continues to serve as the cornerstone of many legal systems worldwide. However, Alternative Dispute Resolution (ADR) is steadily gaining ground as a more flexible, cost-effective, and collaborative approach […]

Michael J. Tyler
May 21, 2024

Online Dispute Resolution: What are the advantages?

online dispute resolution – alternativedisputeresolution.com.au One of the main factors that motivates the implementation of online dispute resolution (ODR) is the requirement for cost-effective availability of legal recourse. For numerous issues of lesser value, the potential gain is worth less than the expenses associated with initiating official legal proceedings or obtaining legal counsel. Even in […]

Category Archives: Analysis