‘Realising the Potential of Judging’, which was published in 
the special issue of Monash University Law Review on non-adversarial 
justice, is now available on SSRN: 
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2125718

The abstract of the article is:

This article contends that judicial officers should not only have 
knowledge of the interpersonal dimension of judging, but also of the 
techniques required to negotiate the different situations that may 
arise–whether it is a witness with special needs, a victim who breaks 
down in the witness box, an angry litigant, a defendant who is deflated, 
having relapsed into drug use after a long period of abstinence, or a 
person in the public gallery who is upset about what is happening in the 
courtroom. Depending on the situation, judging in these contexts may 
require particular listening and communication skills, the expression of 
empathy, the use of techniques of persuasion or motivational 
interviewing, the use of techniques to settle child witnesses and 
collaborative problem-solving techniques.