LEADR ADR Case Law Review This month we review a further nine mediation cases, which completes the list of mediation cases compiled and reviewed by LEADR since September 2005. We thank Kevin Broadley, Elizabeth Yao, Annika Dreesmann, Penelope Freeman and Martin Del Gallego of the Freehills Litigation group who assist on a pro bono basis as part of the Freehills Foundation. Bennell v State of Western Australia – Referral of native title matter to mediation. >> Daya v CNA Reinsurance Co Ltd – Court-ordered mediation opposed by respondent. >> Bolt v Timms – Court-ordered mediation of partnership dispute. >> Bennell v State of Western Australia – Referral of native title matter to mediation. >> Tapoohi v Lewenberg – Contractual and tortious duty of mediator.>> Should there be a distinct 'mediation privilege'?
LEADR's first podcast:
Nina has been resolving business disputes full-time for more than 15 years. She has mediated numerous large scale disputes, hundreds of business disputes and regularly facilitates workshops on a range of issues. Click here for the podcast page >> The possibilities of conflict coaching
“The training was rich with case studies and role plays,” says Roz, mediator and author. “The more relevant the situation to our own lives the more we got out of the training.” Roz shares the result of taking the skills from the training to a conflict with her two adult daughters. To read more, click here> Interactivity wins out at LEADR's first Middle East training
Jehad Kazim (right), manager of the Chamber's Better Business Desk, greatly appreciated the workshop's practicality. “The training required a lot of interactions between the participants to get better and more useful results," said Jehad."I gained a lot of skills and my confidence in myself as a mediator has increased." Jehad found the private sessions with each party interesting: “I believe this is the most crucial phase of the mediation process. By this meeting you get a chance to sit privately with each party and go through the alternatives and options for the dispute. She also found agenda setting very useful. “It showed how to reframe the words from harsh to neutral.” Click here to read the story on Dubai Chamber of Commerce and Industry website >> LEADR offers public liability with its professional indemnity insurance In response to requests from members and a recent poll of current members who make use of the professional indemnity insurance, LEADR has replaced its PI insurance with a combined cover for public liability insurance and professional indemnity. For a premium of only $245 per annum, members will be covered for up to $5,000,000 professional indemnity plus $10,000,000 public liability. What do your LEADR Chapter representatives do? To give a window on the diversity of LEADR members’ activities in ADR, read the following. The LEADR Western Australian chapter has carried out a snap survey of its current Executive and the areas they are involved in. By no means exhaustive, it’s an impressive list of the contribution that LEADR makes in the community. Click here >>All the best for LEADR’s 9th International ADR Conference
Nearly 110 delegates are registered to attend the conference. Have a profitable and enriching time!
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Renew your membership before 30th September to keep receiving Update. Click here for renewal form. >> A big thank you to everyone who responded to LEADR's recent member survey. We'll let you know the results soon. Conflict coaching The last in the 2007 series of 4 day workshops in conflict coaching using the CINERGY™ Conflict Coaching model will be offered in Perth: 20 - 23 November. More
>> NSW Chapter event Tuesday 16 October 2007 Milestones in mediation evolution WA Chapter event Thursday 18 October 2007 Let's get up to date: a discussion on current ADR issues by Professor Tania Sourdin Advance notice: 15 November 2007 Guest Speaker: The Honourable Justice Brian Preston Chief Judge, LEADR mediation workshops LEADR training is recognised for the high quality of its program design, the interactive and experiential emphasis of the learning activities and the exemplary skills of its facilitators. Melbourne 17 -20 October Perth 17 - 20 October Brisbane 31 Oct - 3 Nov Sydney 7 -10 November Professional associate/ personal assistant position For a career opportunity in Melbourne with a small consulting and facilitation business, click here >> Take part in personality and mediation style research Complete a survey (15-20 minutes) on the relationship between mediator personality and mediation style and receive a brief report on your scores along the four domains of Jungian personality and mediation style. LEADR is keen to promote the growth of knowledge about alternative dispute resolution. So please take this opportunity to complete the survey.>> Cross-cultural mediation training The Australian Centre for Peace and Conflict Studies at the University of Queensland is offering two courses in cross-cultural conflict resolution. Click here for: Advanced Techniques: 22-23 November >> Emotional intelligence The Centre for Career Development is offering a one day workshop on emotional intelligence: self-awareness, regulatingone's emotions, motivation, empathy and having effective working relationships. Sydney: Tues 30 October Melbourne: Wed 31 October
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One of Sydney's leading ADR practitioners, Alan Limbury asks whether there should be a special category of “mediation privilege” that goes beyond “without prejudice” privilege. Considering the Brown v Rice case, the “without prejudice” rule, rules of court and statutes in Australia, the mediation agreement, and various disclosure provisions, Alan questions whether the line is adequately drawn by the long accepted “without prejudice” rule. 
Nina Harding talks about the excitement and challenges of mediating issues in the workplace, and what managers could do to help manage disputes better.
Roz Townsend, participant of the recent CINERGY conflict coaching workshop given by LEADR in Sydney, shares her experience of the course and her thoughts about the possibilities of conflict coaching.
To assist the Dubai Chamber of Commerce and Industry to develop alternate methods of dispute resolution, LEADR's Bradley Chenoweth (left) recently conducted a mediation training.