ADR case law review New Idafe Incorporated v Barnard, September 2007. The issue to be decided was whether mediation should be ordered where one party opposes the mediation. The dispute relates to questions of law only and where one of the parties is a non-profit organisation. More info for LEADR members >> Livingspring Pty Ltd v Kliger Partners, December 2007. The issue to be decided was whether a pending mediation can justify a stay of a judgment for security for costs. More info for LEADR members >> We thank Kevin Broadley, Elizabeth Yao and Annika Dreesmann of the Freehills Litigation group who assist on a pro bono basis as part of the Freehills Foundation. Mediating at a Family Relationship Centre
Jeremy completed the LEADR 4-day mediation workshop in 2001 and has remained active in the LEADR community since then, serving as chair of LEADR’s NSW Executive Committee in 2005 and 2006. Benefiting from the advice of several senior LEADR mediators, he sought out opportunities in the family law area which culminated in him joining the staff of the North Ryde Family Relationship Centre. More info for LEADR members >> LEADR's submission to the Victorian Law Reform Committee ADR Discussion paper
“We received good feedback on LEADR’s submission,” said Fiona. “The Committee had received a lot of presentations on restorative justice so were pleased to have one that focused on mediation and other facilitative processes.” Under the terms of reference the Committee is considering the current reach and use of ADR mechanisms, including Government established ADR schemes and restorative justice schemes. The terms require the Committee to consider the role of ADR in improving access to justice, improving outcomes in civil and criminal court jurisdictions and reducing contact with the court system, particularly for marginalized communities. The committee will also report on whether a form of Government regulation of ADR providers would be appropriate or feasible to ensure greater consistency and accountability for Victorians wishing to access ADR. “The terms of reference gave a large scope and asked a lot of questions. As you’ll see in the submission we responded to the broad themes of the discussion paper, identifying those issues we consider important in promoting ADR,” said Fiona. To read the submission, click here >> Community collaboration is good business
Current developments in ADR: a judicial perspective Courts have become increasingly concerned with the delays and costs associated with litigation and the consequent stresses placed on the efficient administration of justice. These concerns for case management in the Australian civil justice system as well as the opportunities for ADR have been brought to LEADR’s attention in a background paper kindly provided by Freehills. The LEADR Board is committed to keeping abreast of trends in ADR and to informing its members of these trends. For this purpose, LEADR Director, Catherine Davidson summarises the causes for judicial concern and the ways that ADR methods can improve court efficiency. More info for LEADR members >> Podcast: Narrative tools for helping people shift
Update on National Standards' progressA good turnout at the first National Standards committee meeting since the standards came into effect at the beginning of the year reflected a strong enthusiasm for application of the Standards. Some 70 representatives from ADR organisations that either are or intend to become RMABs, or who deliver training or other ADR services participated in the Canberra meeting in early March. Chair, Margaret Halsmith and CEO, Fiona Hollier LEADR’s representatives at the meeting, reported that key issues included were consistency of the application of the standards, and complaints handling, particularly how to do it appropriately and in alignment with organisations’ existing complaints handling procedures. The meeting also distilled the following issues:
To address these and other issues, 4 subcommittees were created which will cover the broad areas of resources, constitution/purpose, practice and compliance and complaints handling. National Standards most frequently asked questions To assist you in understanding the application of the National Accreditation standards, LEADR has produced a question and answer of the most frequently asked questions to date. To read, click here >> If your question is not covered here, email leadr@leadr.com.au Negotiating will disputes:
In this paper, Naomi Holtring explores the nature of this grief and the way that the responses of different family members are influenced by their previous relationships with the deceased and with each other. It also surveys the range and types of conflicts that may arise. Naomi also gives an overview of the ways in which people deal with the conflict – avoidance, direct negotiation, litigation, facilitation and mediation. More info for LEADR members >> Conflict coaching in May and June LEADR will be offering its popular CINERGY™ conflict coaching workshops in Sydney, Perth, Adelaide and Melbourne through May and June. The trainers, Julie Walker and Lynora Brooke, have both trained with the CINERGY model founder, Cinnie Noble. The course offers extensive opportunities to practice the model in 'real situations' not just role plays, a feature which was popular with participants last year. Also valued is the chance to practise in the three different roles of coach, coachee and observer to get a different perspective on the process. Participants in all of the trainings enjoyed the intimacy and mix of students in the group, while the facilitators were appreciated for their "patience and understanding" and "ability to listen and model ‘being with’ and being non-judgemental". For more info, click here >> International mediation standards While we're on the topic of mediation standards, the LEADR Wellington Chapter in New Zealand is hosting a breakfast with Michael Leathe from the International Mediators Institute (IMI) on Monday 21 April. The IMI is a new public-interest foundation, based in The Hague, and founded by the American
Arbitration Association/International Center for Dispute Resolution, the Netherlands
Mediation Institute and the Singapore Mediation Centre/Singapore International Arbitration
Centre. The Institute is currently seeking feedback on a draft set of international standards. To read
Michael’s article about the reaction to
this proposal click here >> Conferences An extension to the call to present gives you time to submit a paper for the National Mediation Conference, Transforming the landscape. The deadline for the Conference being held in Perth from 10-12 September has been extended to Monday 17 March. For more info, click here >> Registration is now open for the Restorative justice: Bringing justice and community together conference being held by the Victorian Association for Restorative Justice (VARJ) on Wednesday 14 May at RMIT University in Melbourne. For more info, click here >>, or to download the registration form, click here >>. For other conferences, national and international this year, click here >>
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. Conflict coaching LEADR's popular CINERGY conflict coaching training will be offered in May and June around the country: Sydney: 13-16 May For more information, click here >>
2008 LEADR 5 day Next workshop:
Darwin, Tues 29 April - Sat 3 May. In New Zealand: Also in New Zealand, Tania Sourdin will be running an Advanced Mediation skills in both Auckland and Wellington in June. SA Chapter event Wednesday 26 March at 6pm At: Courts Administration Suite For more info, click here >>
Newcastle event University House Cost: $75 Presented by the Newcastle Law Society inc with Newcastle Conflict Resolution Inc For more info, click here>> ADR Forum: Recent changes to the Family Law Act by Michael Lynch Wednesday 26 March at 6pm For more information, email: stodulka@bigpond.com
Mediation Process Training 14-18 April Boulder, Colorado For more info, click here >> Or email tmorgan@mediate.org
Not-for-profits: is self-regulation the right option? Tuesday 8 April in
Melbourne
Rotary World Peace Fellowships (RWPF) Call for applications for the three month, intensive, professional development program in Bangkok.
National Standards 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 >> For frequently asked questions, click here >>
Admin Assistant part-time with PILCH For more info, click here >>
Video assessments For information and dates of LEADR's written and video assessments, click here >> 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
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Changes to the Family Law Act have made mediation a necessary step for most parents thinking of going to court about parenting arrangements, while Family Relationship Centres (FRCs) have increased couples access to mediation. Jeremy Bluhm, who has worked at an FRC since mid-2007, spoke with LEADR Board member, Catherine Davidson recently about his experience there.
As part of its commitment to advocacy and support of ADR, LEADR has responded to the Victorian Law Reform Committee ADR Discussion paper. LEADR Chair, Margaret Halsmith (right) and LEADR CEO, Fiona Hollier made a verbal presentation to the Committee at the beginning of March in Melbourne. 
The mining industry is making good progress in developing policy and commitment to community development and engagement but the serious challenge remains of improving practices at the site level. NZ-based lawyers, Tim Clarke and Sharon Stewart, who have 30 years combined experience in communication and conflict management, consider what a process of community collaboration has to offer. 
In this podcast, recorded at the NSW Chapter event in February, Phillip Hart builds on his presentation last year about narrative tools. He explores systematic, easily remembered, ready-to-use tools that can help parties make shifts that free up the conversation. Using case studies, he explores how and when this "narrative" approach
might be useful in your practice. Phillip helps large groups of people have constructive conversations about contentious issues. He has many years experience in a wide range of contexts in the private, public and non-government sectors. 
For most of us, family ties are the strongest and the death of a loved one can evoke intense emotions of profound sadness, grief and loss. At a time when family should unite in their grief and comfort each other, disputes surrounding a contentious will can damage or destroy family relationships.