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Legal updates

When is the adjudicator justified in not considering the ajudication response, or other submitted materials(NSW)? >>

Is the decision of an independent expert final and binding where there is an agreement, or contractual provision, for a decision to be made by such an expert (Vic)? >>

What are the implications of an adjudicator's failure to provide sufficient reasons for their award (Vic)? >>

Thanks to Chris Davidson, Nicole Huggins and Chris McMeniman, Blake Dawson Litigation and Dispute Resolution team, for preparation of the Legal Updates.


Why connecting on the small issues counts

Podcast: Sir Laurence Street explores “interpersonal dynamism” in mediation and how creating connections between the parties on the smaller issues can have a transformative effect on the ultimate outcome. Sir Laurence speaks with Catherine Davidson. >>


Opes Prime case from the gallery

Alan L Limbury explores some of the questions raised about mediation in multi-million dollar, multiparty disputes from what he gleaned about the Opes Prime case. >>


Can a hormone help in mediations?

How does oxytocin – the “bonding hormone” – enhance trust and promote agreement in mediation? More on understanding the psychology of conflict from Kenneth Cloke.

Podcast: Part 1 >>

Podcast: Part 2 >>

These podcasts are part of the International Dispute Negotiation podcasts hosted by Michael McIlwrath of General Electric Oil and Gas who won the Innovations award in CEDR’s recent 2008 Awards for their thought-provoking content.

Published by the International Institute for Conflict Prevention & Resolution (CPR)


Should there be a mediation privilege?

In exploring the debate over mediation privilege, William Wood QC highlights the "sheer complexity of the law in this area". >>

Published by "The Mediation Magazine"


Engaging the non-professional in child protection mediation

In the US Association of Family and Conciliation Courts' (AFCC) monthly newsletter, Marilou Giovannucci makes the case that individuals with “personal” rather than “workplace” involvement in these cases are extremely valuable and necessary and need to be empowered. >>


Renew your LEADR PI insurance

Professional indemnity insurance is a pre-requisite for national accreditation. Make sure your PI insurance is renewed and current. >>


Contributions for Update

If you have a contribution or ideas for Update, please contact us by the 7th of the month on leadr@leadr.com.au >>


New password for member-area

If you haven't received the new password to access the member-only area for resources such as previous Updates, podcasts and articles, email leadr@leadr.com.au >>

Conference with a difference

The focus of the 10th LEADR Conference to be held 9-11 September 2009 in central Melbourne is "conversations". Opportunities for dialogue and reflection will be central to the conference schedule. More details will be available early in the new year.


New treasurer appointed

With Chris Phillips on the move to Zurich, LEADR has appointed a new Honorary Treasurer, David Watt (right), who is also with Deloitte Touche Tohmatsu in the forensic area. LEADR thanks you Chris for your contribution and welcomes David to the Board.


Reconciling truth and efficiency

In his address to the NSW Chapter’s Annual Dinner, Justice Peter McClellan explored the challenges in meeting our contemporary aspirations for justice. >>


Five lessons I have learnt (and should have known already)

LEADR Fellow Geoff Sharp reflects on 2008 and the lessons he learnt pulling together posts from his well-known blog, Mediator, blah...blah... >>


Junctions on the ADR spectrum

Harvard Negotiation Law Review explores the various ADR processes and how we can describe them. By Michael Zeytoonian. >>

Published by HNLR Online


Technology Dispute Centre opens in Sydney

The new Technology Dispute Centre recently launched in Sydney specialises in resolving disputes involving science, technology and intellectual property. >>


Should judges mediate?

Carol Bowen shares her take on the Law Council’s panel discussion on whether judges can and should mediate. >>


International accreditation

The International Mediation Institute based in The Hague is now offering international accreditation for commercial mediators. There is a six months window of opportunity (from 1 Jan 2009) for those already accredited as LEADR Advanced to apply as experience qualified. >>


CEDR award for Mediation of Construction Disputes book

In the 2008 CEDR awards for Excellence in ADR, the winner in the Publications and Article category was Mediation of Construction Disputes by David Richbell. Judges agreed it was "essential reading for those ...in the construction industry with valuable wisdom for mediators and clients from other fields too". See the review by David Cornes (above). >>


Pro bono rather than downsize

The community legal sector has a clear message for law firms in this economic climate: rather than turn to retrenchments and restructures, consider pro bono as a solution. >>


Change harmful responses to conflict

The Conflict Dynamics Profile (CDP) helps you understand your own and other’s responses to conflict, which can assist your ADR practice. Save $220 on standard fee.

Brisbane, 23 Feb >>
Hobart, 26 Feb >>

 


Season's Greetings!

 

 

12 December 2008

This version of Update is published with limited links to articles and podcasts. The complete version is only available to LEADR members.

 

To become a member >>

LEADR training and assessments

Basic CINERGY®
conflict coaching >>

Sydney, Tues 3-6 Mar
Brisbane, Tues 10-13 Mar
Melbourne, Tues 21-24 Apr
Adelaide, Tues 5-8 May >>

2009 LEADR 5 day
mediation workshop >>

Sydney, Mon 23-27 Feb
Adelaide, Tues 17-21 Mar
Perth, Tues 24-28 Mar
Melbourne, Mon 27 Apr-1 May
Darwin, Tues 5-9 May
Canberra, Tues 19-23 May
Flyer & registration >>

"Top up" training >>

Sydney, Wed 25 Feb
Adelaide, Thurs 19 Mar
Perth, Thurs 26 Mar
Melbourne, Wed 29 Apr
Darwin, Tues 7 May
Canberra, Thurs 21 May >>

Dates for video assessments in 2009 will be available late next week.


NSW event

Men are from Mars, women are...better mediators!

Mon 15 Dec, 5.30pm start
170 Phillip Street
SYDNEY
Cost: $35 inc refreshments
Reg form >>

Return via fax to: 02 9267 3125

Vic & Qld event

Professional artistry of mediation >>

Melbourne, Sat 21 Feb
Brisbane, Sat 28 Mar

Experiential space to reflect on the artistry of your practice.
ACPACS, Uni of Qld

More info >>

Registration form >>


International Events

Annual Conference of the American Bar Association Section of Dispute Resolution >>

15-18 Apr 2009
Sheraton New York Hotel and
Towers
New York, US
More info >>

Resolution - International Conference 2009
The globalisation of family law: sharing international experience >>

1-3 Jul 2009
City Grange Hotel
London, UK
More info >>

World Congress on family law and children's rights >>

23-26 Aug 2009
World Trade and Convention Center
Halifax, Nova Scotia, Canada
More info >>


PILCH NSW new website

PILCH NSW now has a web presence www.pilchnsw.org.au

PILCH launches free legal service for community organisations

PILCH has launched its PilchConnect, a free legal service for Victoria's estimated 120,000 not-for-profit community groups.

For more info >>

NSW Bar DR Centre opens

The Attorney General Robert McClelland opened the new NSW Bar Dispute Resolution Centre on the first floor of Selborne Chambers this week.

 

 

New Zealand 5 day mediation workshop >>

Auckland, 31 Mar-4 Apr
Wellington, 16-20 June
Christchurch, 11-15 Aug

More info >>

   

Reduced sub for ADR Bulletin

To receive the 30% discount on your first year subscription and 10% on subsequent years, complete this form. >>

 

Links to many of the articles and most podcasts are not available from this version of Update. The full version is only available to LEADR members. If you are a member and have not received this edition of Update, place call LEADR on 02 9251 3366, or email leadr@leadr.com.au

To become a member: download the membership form >>
Or to find out more about becoming a member, click here >>