LEADR - Association of Dispute Resolvers

Adelaide Barbon
Natascha Boehm
Naomi Burstyner
Leta Chen
Helen Collins
Brenda Cooke
Ilit Golshevsky
Carole Grace
Mike Jensen
Jeanette Kinahan
Holly van den Heuvel
Sally Wiencke

List of all LEADR state and national events over past 2 years which could contribute to CPD >>

Naomi Burstyner - Chair
Sally Wiencke - Vice Chair
John Roberts - Event coordinator
Peter Singer - Secretary
Mike Jensen - Treasurer
Carole Grace - LEADR Board representative
Natascha Boehm
Helen Collins
Leta Chen
Jayne Richardson
Holly van den Heuvel

Root cause analysis of complaints – the new tool in the ADR toolkit with Nicole Cullen

Nicole Cullen presented about root cause analysis (RCA) and its valuable role in problem solving and dispute resolution. Focussing largely on workplace scenarios, Nicole led the group through the RCA process, using the example of the recent steeple mishap where a “horse off the course” trampled bystanders. Acknowledgement of multiple causes which may exist in any given problem situation preceded an explanation of the RCA process, which comprises various steps, including consideration of goals, statement of the problem, brainstorming of causes, logic trees, implementation of actions, and evaluation. The notion of blame as being less useful compared with this forward looking RCA process was a feature of the conversation, and further discussion about acknowledgment of the impact on individuals rounded out a wonderful evening which provided great insight into this cutting edge area of dispute resolution. An enjoyable evening was had by all, and was followed by a dinner in the charming suburb of Carlton.

For more info >>

Process, place, purpose: can mediation be stretched into change management and collective bargaining? with Anna Booth

Wednesday 12 October

Drawing on her own experience and journey as a mediator and former trade union official, Anna focussed on whether mediation can be stretched into change management and collective bargaining. She cited examples of the sometimes superficial and confrontational processes of conciliation which occurred when the Conciliation and Arbitration Act was first crafted. She then showcased the progress of workplace dispute resolution practice, noting that today it is used successfully to address relationship issues in change management and in many different commercial settings where is it important to ensure that parties' interests are explored. Participants joined in a conversation and shared their own observations and experiences, resulting in a vibrant evening of discussion and reflection.

For more info >>

Workshop: Mediation or investigation?
When is it prudent to use an informal process in place of a formal one?

with Mike Jensen, Sally Wiencke and Leta Chen
Wednesday 27 July

The Victorian Chapter of LEADR hosted a workshop which explored the merits and purposes of mediation versus investigation in the face of workplace complaints. Facilitated by Keith Greaves, the session featured case studies and content from Mike Jensen, Leta Chen and Sally Wiencke who reflected on their practice areas and explored the priorities, concerns and interests of the employer when consider addressing workplace issues. They presented definitions, challenges and benefits associated with mediations, investigations and the merits of informal and formal processes, by putting themselves in the employer's shoes and analysing the relevant options.

Staged as an amicable "debate", the first session provided the pros and cons of the various processes, highlighting the sensitivities which would arise in a workplace and highlighting the importance of considerations where very serious workplace rights have been breached. Introducing a framework which highlighted the most important first steps when faced with workplace issues – containment, analysis, respecting and educating, they invited the audience into the frame of reference of the employer and the consultant called in to assist. The audience then had a chance to get involved via a revolving conversation, before being grouped with their peers for further discussion.

The evening was engaging and insightful, providing real and practical tools for dealing with workplace disputes. A fun night was had by all!
More info >>

Managing integrity in ADR processes
with Professor Tania Sourdin
on Thursday 12 May

The Victorian Chapter Committee was privileged to have Professor Tania Sourdin address them at their most recent members' event. Professor Sourdin welcomed the audience with acknowledgement of their passion for ADR and credited this passion as responsible for our community's commitment to integrity in our ADR processes. Tania also encouraged the members to engage with her on the topic of integrity in ADR as a mechanism for feedback to NADRAC, whose recent report she explored with the group. Professor Sourdin highlighted the significant parts of the report which related to integrity, including practitioner immunity, good faith requirements and confidentiality of the process. The evening gave rise to interesting discussions around the importance of the role the practitioner in ensuring integrity, balanced with confidentiality. In all, it was a stimulating and engaging session and a wonderful opportunity to hear and reflect upon developments which will affect ADR practice, ongoing.
For more info >>

The three 'languages' parties speak and how to bridge them
with Bradley Chenoweth
Wednesday 6 April

For more info >>

Victorian Chapter end of year banquet!
2010! Where did it go?
Wednesday 8 December 2010
at Il Gambero Italian restaurant in Carlton
For more info >>

Future directions in ADR – a conversation
with Fiona Hollier, LEADR CEO
17 November 2010
For more info >>

Following the AGM, Fiona engaged with the LEADR Victorian Chapter for an interactive forum about:

Steve Lancken joined Fiona in discussing ADR in Australia and beyond in light of the Federal and State governments recent legislating for, and strong promotion of, ADR.

They outlined some of the recent recommendations made to the Federal Attorney General as well as Federal legislation relating to ADR and described the ways in which LEADR engages in discussions about such initiatives and how it canvases member input.

Using interactive discussions, they focussed on recent and current initiatives such as:
the Civil Proceedings Bill which recently passed through the House of Representatives; the ADR Key National Principles and guide for consumers; and the Integrity in ADR processes issues paper: confidentiality, admissibility, practitioner immunity, and conduct obligations in ADR processes.

The power and reach of transformative mediation:
Dispelling the myths and misconceptions
with Judith Saul
Wednesday 13 October
More info >>

Judith Saul, a Fellow of the Institute for the Study of Conflict Transformation in New York, reviewed the fundamentals of transformative practice and dispelled the myths of transformative mediation (TM).
Misconceptions she addressed included:

In addressing these myths, Judy drew upon her experience running a community mediation centre that addressed conflicts sent by courts, schools, workplaces, businesses, child welfare agencies and local government.

She also referenced the Institute’s newest publication, Transformative Mediation: A Sourcebook; Resources for Conflict Intervention Practitioners and Program, a compilation of the most recent research, theory, and practice applications of the transformative framework.

Dialogue for solving problems & setting goals
with David Moore

Tues 31 August

In a fascinating exploration about dialogue for solving problems and setting goals, David Moore provided countless tools and shared stories from his rich experience facilitating in workplace problem-solving situations. Citing some examples of transformations from conflict-filled meetings to collaborative problem solving forums, he demonstrated techniques for diagnosing the situation, identifying issues, generating solutions and selecting optimal solutions via decision making dialogue.

David highlighted the importance of deliberative, participatory democracy to address negative group think and encouraged other problem-solving facilitators to ask individuals about their specific experiences, moving people away from generalisations and providing the opportunity for people to tell their story. His underlying theme supported the shift from grievance procedures in the workplace, to a process for strengthening and building workplace relationships.

The session was well received and many questions from the audience provided a diverse and dynamic forum for analysing and addressing disputes, conflicts and other issues which can prevent collaborative and harmonious relationships in the workplace.

Stories of Conflict
with Susan Benedyka, Peter Singer, Anne Sutherland-Kelly and Bruce Turner
A networking event for LEADR and IAP2 members
Tuesday 27 July

Community engagement and dispute resolution professionals learning from each other: A night for practitioners to share practical approaches to working with conflict.

Remember that meeting when you felt you were in the middle of the fire?
Well, find out how other community engagement and dispute resolution professionals ‘fire-proof’ themselves and get positive outcomes when the heat is on!

The International Association for Public Participation, IAP2, and LEADR, Association of Dispute Resolution practitioners, invite you to an intimate night to learn from each other and leading practitioners about practical techniques to work with conflict.

You will have the opportunity to get to know other practitioners and share practice. You will also hear some leading edge techniques from some experts in the field that have made them leading practitioners. We will be compiling the top suggestions and approaches into an electronic resource that will be available for all participants after the event.

You may not realise how much dispute resolution and community engagement have in common… So, what have you done when the temperature goes up?

Workplace disputes – ADR in Fair Work Australia
with Fair Work Australia Commissioner, Anna Lee Cribb
Thursday 13 May 2010

In a fascinating exploration, the Commissioner focused on the changing landscape of workplace relations so influenced by developments such as The Fair Work Act and Workchoices. She highlighted the Commission’s conventions in relation to processes of dispute resolution, listing mediation, conciliation, expressing opinions and making recommendations and emphasised the skill and commitment of members in applying these processes to the unique cases appearing before them.

Anna Lee reflected on the importance of analysis of each case to ensure that it is addresses most appropriately, usually by a blend of the four processes. The Commissioner provided some fascinating insight into her own dispute resolution approach, in light of her facilitative mediation training. Using illustrative examples of collective and individual grievances, she highlighted the challenges associated with addressing these.

To conclude, Anna Lee expressed the tendency of parties in workplace disputes toward adjudicative rather than facilitative models of dispute resolution. Despite this, she emphasised the importance for facilitators or adjudicators in these contexts to possess the skills and qualities used by facilitative mediators.

This engaging and educative evening, which took place in the stylish surrounds of Melbourne University’s Graduate House, was complemented by a wonderful array of guests whose questions further explored the intricacies of this topic.

Consultation on NADRAC's key national principles for resolution of disputes
with LEADR CEO, Fiona Hollier & LEADR Chair & NADRAC member, Margaret Halsmith
Monday 29 March

For more infomation >>

An introduction to narrative mediation
with Richard Cohen and Stella Levy
Tuesday 2 March

Richard Cohen one of the founders of Narrative mediation talks about incorporating narrative and transformative perspectives into a process which can heal as well as resolve. Stella Levy introduced a restorative component to the session.

Thursday 10 December – Christmas Party at Barca, Armadale
with " My top 10 tips for managing the “not so merry” Christmas" with Nicole Cullen.

For more info >>

What are the top 10 personal qualities that influence the mediation process and which ones do you want to develop?

Thursday 12 November

This event featured some wonderful and thought provoking research into what disputants need from conflict resolvers. Helen Collins, mediation and conflict resolution practitioner and multi-talented LEADR member, synthesised some fascinating material which suggested that what parties need from the mediator is more than process. In an animated and interactive discussion, she articulated these other needs as understanding, engagement, creativity, strength, wisdom, strategic thinking, confrontation, patience, encouragement, humour, courage. Lively discussion, reflection and sharing of experiences reaffirmed these assertions and also indicated that there are many other important qualities of a mediator which are essential in a mediation, and which do not relate only to process or substance.

Making the private sessions work with Anne Sutherland-Kelly
on Monday 17 August 2009
CPD: 1.5 hours

At the Collins Street Mediation Centre.

Investigations and mediation in managing workplace issues
Monday 22 June 2009
CPD: 1.5 hours

Investigations and mediations are an evolving aspect of managing workplace issues. Ongoing conflict in the workplace can be distracting and costly. How you manage conflict in the workplace and workplace investigations and mediations will have an impact on morale and the ongoing relationships of staff.

LEADR in conjunction with Allens Arthur Robinson hosted this Twilight Seminar with a panel of Adam Lunn (Partner), Michael Jensen (Investigator) and Leta Chen (Mediator)

Conflict management systems – international perspectives
with Francis JF Handy
Wednesday 20 May 2009
CPD: 1.5 hours

On 20 May, LEADR (VIC) chapter members and interested others enjoyed an informative presentation on conflict management systems. The session was facilitated by Francis Handy of the Trillium Group, Canada who compared the conflict management systems used in the agricultural sector (specifically, tomato production) in California, Canada and Australia.

The session was well attended and produced a robust conversation challenging the need for pro-active conflict management in the free market, the role of the mediator in such circumstances, the impact of different systems and structures in each of the three jurisdictions on the relationships between producers and distributors and the appropriate response to power imbalances between growers and manufacturers.

Cornwall Stodart’s elegant boardroom provided a comfortable atmosphere for a compelling and thought provoking session.

To listen to a podcast of this presentation, click here >>

The family business sector: opportunities for mediators and facilitators
with Jon Kenfield and Leon Levin
Tuesday 7 April 2009
CPD: 1.5 hours

This interactive sessionprovided an overview of the family business sector – its issues and challenges stimulating discussion of the opportunities to provide mediation and facilitation services to this sector.

Members of the Victorian Chapter commenced the year with a working meeting on board Sally Wiencke’s boat aptly named “the Negotiator”. Heading high into the wind and with the sun setting over Williamstown, they discussed their visions for LEADR in Victoria this coming year.

Strong commitment to continuing to deliver high level member events and networking evenings was expressed. Roles within the committee were agreed and the members of the Executive Committee spent some valuable time getting to know each other better. This event for Committee Executive members was made possible by Sally Weincke and was funded by the Executive members who attended.

[Pictures are of Sally Wiencke, Director on the LEADR Board at the wheel and Victorian Chapter Secrety, Peter Singer casting off.]

Stress management for mediators and conciliators with Dr Pat Marshall
Tuesday 10 February 2009
CPD: 1.5 hours

What causes mediator stress and how do mediators cope? What are the attributes that will stand a mediator in good stead when stressful circumstances arise? Do high levels of emotional awareness help when the going gets tough?