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Explore preventative ADR techniques which can be applied before a dispute occurs by creating a mindset from the beginning of a relationship.

Most practitioners of alternative dispute resolution techniques are brought inonce a dispute has become serious enough to be the subject of commenced or imminent court proceedings. However, the same outcomes-focused approach that leads to settlement in a mediation can be deployed at the incipient stages of a business case, a project or a contract.

At contract formation stage focus on ensuring that the contract deliverable maps to the business benefits (something many lawyers regard as schedule-filling to be delegated to the parties). At implementation stage appoint an independent ADR professional as chairman of the Steering Committee, ensuring that no behind-the-scenes friendly arrangements are made that could compromise the timing of delivery of the business benefits. Focus on salvaging and delivering as much as possible of the original business case when the day to day participants in your implementation team have long since forgotten what they were. Re-imbue parties with the original business rationale.

Practising ADRoIT provides significant new opportunities for members beyond the conventional post dispute engagement. We should educate commercial organisations on how to practise dispute avoidance.

This presentation will also provoke thinking about the breadth of techniques employed in ADR, provide an opportunity for participants to engage in stimulating activity or discussion with peers and colleagues to embed learning, and contribute to the diversity of the conference program by broadening the scope and demonstrating the utility of ADR practitioner skills beyond the usual spheres.

Structured discussion will include consideration of how the ADRoIT Principles, originally developed for the IT context, can have more general application.

In this workshop, Philip will take participants through the various stages at which the option-generation skills of mediators can be deployed in dispute avoidance and business case delivery assurance scenarios using a major technology acquisition as an example.

Podcast: Listen to Philip talk about this session pre-kon gres (6 mins) >>

Philip is married with two primary school-aged children and lives in Sydney where he was born and bred. He is a member of the Parents & Friends Executive Committee of both his children’s schools, and also of the State Executive of the NSW Parents’ Council, the peak body for independent school parent associations in NSW. 

When not mediating or arbitrating Philip is active with Sydney Angels, Heads Over Heels, and as a non-executive director of One Laptop Per Child Australia, the ACS Foundation and Cocoon Data Holdings Limited. The Toyota Landcruiser Car Club and Sydney Airport Message Board give you clues to two of Philip’s various hobbies!