Best wishes for a harmonious and prosperous 2008! ADR case law review This month we review two cases: Rojo Building Pty Ltd v Jillcris Pty Ltd Notice of intention to apply for adjudication under S15 (2) (a) Security of Payment Act nor provision of a payment schedule amounts to making an application under the Act. Consequently on the facts, the applicant could pursue alternative statutory remedy – debt recovery proceedings. More info for LEADR members >> Australian Rail Track Corporation Limited v Twentieth Super Pace Nominees Pty Limited Whether Rule 41.04 Supreme Court Rules (SA) 1987 – filing and serving an offer of settlement and consequences if offer not accepted – applied to multi party litigation? Found spirit and intent of Rules 40 and 41 could be applied to multi party litigation. More info for LEADR members >> We thank Kevin Broadley, Elizabeth Yao, Alex Dickin and Daniel Ficky of the Freehills Litigation group who assist on a pro bono basis as part of the Freehills Foundation. A new list for all 2007 mediation and adjudication cases to be reviewed will commence in the March Update. Ok Tedi negotiations; redress for villagers
Photo credit: Keystone Center Is mediation privilege under threat? The Ruttle decision was on preliminary issues in a case where Ruttle seeks to overturn a mediated settlement agreement on the grounds of economic duress. In other court decisions in relation to privilege, the common law principle of “without prejudice” and the exceptions to it have invariably been applied in the mediation arena. That means that mediation is accorded the same protection in relation to privilege as without prejudice negotiations, not more, and not less, protection. Whether or not change is needed to a distinct statutory mediation privilege is a finely balanced question. UK-based mediator, David Cornes, tackles the question. More info for LEADR members >> LEADR accrediting to the National StandardLEADR strongly encourages all its members to become accredited under the recently introduced National Standard. As a Recognised Mediation Accreditation Body (RMAB), LEADR has begun receiving applications and accrediting mediators. "The feedback we've got is that the application form is very user friendly and easy to complete," said Fiona Hollier, LEADR CEO. "We really encourage you to apply if you've met all the requirements." To read more about the National Standard and the application process, click here >> For the application form for LEADR Accredited and Advanced mediators, click here >> To refer to CPD events that LEADR has offered, click here >> Domain name disputes on the rise says WIPO Director
LEADR member survey In this edition we include the fourth instalment of the information gathered through the recent LEADR survey. Amongst the 409 responses we received, there were many comments giving us extra information about your views. Here we present a summary of those responses which LEADR is committed to using in refining and extending our services to members. More info for LEADR members >> Conferences both national... This year there's a bevy of conferences in Australia and overseas to keep you and your mediation skills developing. From 10-12 September in Perth is the National Mediation Conference, Transforming the landscape. This is a wonderful opportunity to mix with other mediation practitioners, researchers and trainers. For more info, click here >> Also in WA this year, the IAMA National Conference, ADR: The boom and beyond, will be held from 11-13 April at the Esplanade Hotel in Fremantle. For more information, click here >> The Victorian Association for Restorative Justice (VARJ) has called for papers for the Restorative justice: Bringing justice and community together conference being held on Wednesday 14 May at RMIT University in Melbourne. Abstract closing date is 29 February. For more information, click here >> ... and international Proceedings and speakers for the European Mediation Conference, Building relationships and getting results, being held in Belfast, Northern Ireland from the 10-12 April, are now finalised. Keynote speakers include Jan Egeland, Director of the Norwegian Institute of International Affairs and Special Advisor to the UN Secretary-General on the prevention and resolution of conflict, John Paul Lederach, Professor of International Peacebuilding and Antonia Potter, independent consultant, researcher and writer with extensive experience in conflict mediation in international diplomacy. To view the program, click here >> To book, click here >> There is a new deadline for abstract submissions for Mediation in the Asia Pacific: Constraints and challenges being held in Kuala Lumpur, Malaysia from the 16-18 June. The extended deadline is 29 February 2008. To view the Conference website, click here >> Position vacant: Senior Conciliator for Queensland Residential Tenancies Authority A Senior Conciliator is required in Brisbane to conduct conciliation of more complex disputes in accordance with the Residential Tenancies Act 1994 and the Residential Services (Accommodation) Act 2002. This includes the use of a range of alternative dispute resolution techniques and strategies, working as part of a team with other officers to assist disputants to resolve disputes in a timely and efficient manner. The role is also required to provide leadership and operational support in implementing the Dispute Resolution Services Quality Monitoring program by providing training, coaching and development of conciliators to ensure the delivery of quality conciliation, processes and procedures and to identify opportunities to improve these systems. Total package: $69,333 - $75,358 pa. For a full job description and contact details, click here >> Ninety minutes of mediation training helps resolve sibling battles The CEDR website reports that children, whose parents took a one and a half hours mediation skills session, resolved sibling fights more constructively and calmly, were more likely to compromise, and were better able to handle conflicts on their own. The findings are those of Drs Julie Smith and Hildy Ross of the University of Waterloo in Ontario, Canada. For more info, click here >> Research into mediator's competencies in intercultural workplace conflicts Visiting Finnish PhD student, Janne Laukkala is exploring workplace mediators' competencies in intercultural conflicts ie disputes in which national or organisational cultural differences play a role and so must be taken into consideration in the mediation. The competencies are divided into general conflict management and intercultural competencies. Based at The University of Adelaide, Janne aims to create an understanding of how mediator's competencies are seen by different stakeholders. He is seeking to interview workplace mediators with different levels of experience in intercultural mediation: in-house mediators, HR managers and potentially disputants. Interviews by phone will take between one to one and a half hours and be conducted in January and February. If you are interested, please email: janne.laukkala@adelaide.edu.au If you know any in-house mediators in Australia, please pass on this request, or contact Janne. The outcome of the research, due for completion by the end of 2009, has the potential to assist in mediation training. Links to articles and podcasts are not available from this version of Update. The unabridged version is only available to LEADR members who receive it via email. 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 |
This version of Update available on the LEADR website is published with limited links to articles and podcasts. The complete version is only available to LEADR members. 2008 LEADR 5 day 14 mediation workshops are scheduled around the country in 2008. To view dates and more info, click here >> NSW Chapter event Wednesday 27 February Narrative tools for helping parties shift by Phillip Hart For more info, click here >> Video assessments For information and dates of LEADR's written and video assessments, click here >> Practice session in Blue Mountains Sunday 17 February Kirribilli Mediation Centre The KMC practice sessions continue to be organised informally. If interested in participating, contact Don Jenkins by email on donjenkins@acsmail.net.au or tel 0412 473 000. Healthcare dispute resolution workshop 24 April, 1 day tel: 07 5595 2039 ADR Forum 26 March For more information, email: stodulka@bigpond.com New ADR Bulletin Bond University has purchased the ADR Bulletin from Richmond Press. Future editions will be sold in hard copy before being available online. A special subscription of $330 (incl gst) is available until 29 February. to receive the first issue, volume 10(1), which contains short articles arising from the 'Persuasion' conference at ANU email: adrbulletin@bond.edu.au Repeal of Work Choices For Deacons' legal updates on the repeal of the Work Choices legislation, click here >> International litigation and dispute resolution report Provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations of litigation and dispute resolution. For more information, click here >> New postgraduate programs at ACPCS Australian Centre for Peace and Conflict Studies is offering new postgraduate programs in 2008 in the fields of: Career development The Centre for Career Development has published its 2008 workshop program, click here >> Courses include: power of goal setting, dealing with difficult people, think on your feet and working with emotional intelligence.
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The Ok Tedi Mine in Papua New Guinea (PNG) often cited as one of the worst man-made environmental disasters in the world, is also a true sustainability dilemma. Over 50,000 villagers have had their traditional food sources and lives disrupted by waste and tailings dumped into the river system by the mine which produces 20% of PNG's gross domestic product. The US-based Keystone Center was part of an 18-month, multiparty negotiation process aimed at increasing redress for these people. Here some of the facilitators reflect on what happened, how and why. They see the process as demonstrating a promising model for other discussions of similar scale and import. To read the full report, 
With 140 million domain names globally and growing, the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Center in Geneva is kept busy dealing with the increasing number of domain name disputes. The Center’s Acting Director, Erik Wilbers visited Australia in December last year to lift WIPO’s profile in the region and to show trademark owners that real and effective protection is available. The Hon Neil Brown QC who organised the visit relates Wilbers' key messages.