Legal updates
Does a payment schedule need to come into possession of the claimant to be ‘provided’; and does an adjudicator not considering a response in its entirety amount to a breach of natural justice (NSW)? >>
In representative proceedings, are formal consent and written identification of common interest prerequisites to participation in mediation (NSW)? >>
Should an adjudicator determine issues such as whether an agreement is void for duress (Qld)? >>
Thanks to Kevin Broadley, Elizabeth Yao and Annika Dreesmann, Freehills Litigation Group for pro bono assistance under the Freehills Foundation.
Contribute your thoughts
 The mediation model captures key insights for resolving disputes: we deviate at our peril. When mediating a community furore, Jonathon Reitman deviated! Reflecting, he asks: Are mediators damage control experts? >>
What successes have you had when being creative? What disasters befell you? When, if ever, is it OK to violate the model? What parts of the model must we never ignore?
Send your stories and responses to: leadr@leadr.com.au. We will publish an edited selection in the next Update.
Managing stress in mediation practice
 Michelle Brenner writes that “…the professional’s equilibrium inevitably supports the client’s equilibrium” – hence the importance of managing stress and avoiding burnout. >>
Information or advice – according to the National Standards
LEADR CEO, Fiona Hollier uncovers the distinction between information and advice in the Standards. If a mediator provides 'information' only, there is no requirement to retain registration in a professional area beyond that of mediation. >>
LEADR on dealing with customers’ difficult behaviours
Thanks to Jodi Mansfield (Qld), Nicole Cullen (Vic), Franca Petrone (SA), Margaret Halsmith (WA) and Fiona Hollier (NSW) for breakfast presentations to the International Customer Service Professionals. >>
Establishing and building an ADR practice
  Report (VIC) – practical steps presented by Michael Tiernan and Di McDonald. >>
LEADR NZ pilots mediation service
In this new initiative with the Waitakere Community Law Centre, LEADR NZ will provide a panel of mediators most of them recently accredited. >>
ADR blog: MediationChannel.com
 Diane Levin, a “dispute resolution multi-tasker”, runs this rapidly-evolving source of information, ideas and snippets. >>
www.mediationchannel.com
National Mediation Conference
Transforming the landscape
10-12 September, Perth
Visit the website for the provisional program and information about the keynote speakers. >>
Over 4230 disputes in five years
With an 80% success rate in business disputes, the Victorian Small Business Commissioner (VSBC) is proud of its dispute resolution service. >>
VSBC website:
www.sbc.vic.gov.au
Reduced sub for ADR Bulletin
To receive the 30% discount on your first year subscription and 10% on subsequent years, complete this form. >>
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Peace processes
Video clips: From the European Mediation Conference: Belfast 2008
- Peace building – John Paul Lederach, Professor of International Peacebuilding, encourages us to expand in three ways our thinking about peace building (10 mins). >>
 - Women, gender and mediation in peacemaking – Antonia Potter, author of We the Women: why conflict mediation is not just a job for men, why women should contribute to resolution of armed conflict at the highest levels (20 mins). >>
Narrative mediation workshop
 26-27 June, Sydney
Podcast: Workshop facilitator, Richard Cohen talks with Phillip Hart about narrative mediation.
What is narrative mediation? >>
How does it work? >>
What are its benefits? >>
Hear the whole interview >>
Register for the workshop >>
Conflict coaching for ADR toolkit
Register for the CINERGY™ conflict coaching training. >>
Podcast: Trainers, Julie Walker and Lynora Brooke, talk with LEADR CEO, Fiona Hollier about integrating conflict coaching into ADR practice. >>
Conflict Dynamics Profile
$110 discount for LEADR members booking by end of June for the Conflict Dynamics Profile (CDP) workshop. Become certified to use the CDP and help clients understand their conflict style. Used in conflict coaching, organisational consultancy and training, the CDP is also a part of the CINERGY™ Advanced conflict coaching course. >>
7 deadly mistakes in the workplace
 Nina Harding suggests reasons “why employers need to focus more on conflict and less on harmony in the workplace” and gives practical hints for managers and mediators on resolving workplace disputes. >>
New book on resolving workplace disputes
 Reviewing Conflict and Dispute Resolution: A Guide for Practice, Tom Stodulka reports that authors Brandon and Robertson take practitioners on “a comprehensive and engaging journey to explore a full suite of processes”. >>
First NT Chapter meeting
Be part of the re-inaugeration of the NT Chapter in Darwin. Hosted by the Community Justice Centre on 28 May at 3pm. RSVP: 21 May to cjc.doj@nt.gov.au >>
The 2020 Summit
 To what extent was the recent 2020 Summit a large-scale attempt at interest-based negotiation? The Centre for Policy Development asked some delegates for “an appraisal of the proceedings and the ideas which emerged throughout the weekend”. >>
Summit:
www.australia2020.gov.au >>
Image courtesy of the Australian Government, Department of the Prime Minister and Cabinet.
 Opportunity costs – preparing for mediation
Report (WA) – Professor James Brown and LEADR panel advise lawyers on preparing clients and themselves for mediation. >>
EU to encourage mediation for cross-border legal disputes
The European Union Parliament and Council have agreed on a proposal to implement mediation within three years for resolving civil and commercial disputes. >> |
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16 May 2008
This version of Update is published with limited links to articles and podcasts. The complete version is only available to LEADR members.
Information on joining LEADR >>
Conflict coaching training
Melbourne, 24-27 June
"Top up" training >>
Hobart, Thurs 12 June
Sydney, Wed 6 Aug
Adelaide, Wed 17 Sept
Melbourne, Wed 15 Oct
Perth, Wed 22 Oct
NZ: Introduction to collaborative law
27-28 June
Queenstown
NZ: Workplace conflict management
in Auckland
16-18 September
with Blaine Donais from Canada >>
leadr@leadr.co.nz
NSW event >>
Collaborative law: recent changes with John Pollard
Thursday 22 May
5.15pm for 5.45pm start
Deacons
Lvl 18, Grosvenor Place
225 George Street
$25 members;
$30 non-members
RSVP by Tues 20 May to therese@leadr.com.au
SA event >>
Benefits of restorative practices with Terry O'Connell
Wednesday 21 May
6pm
Moot Court Room
Adelaide Law School
University of Adelaide
North Terrace
$5
RSVP by 5pm on 19 May
lock.jennifer@saugov.sa.
gov.au
WA event >>
Fishbowl exercise
Tuesday 27 May
5.15-8.30pm
Jackson McDonald
Level 25, AMP Tower
140 St George's Terrace
No cost
RSVP by noon, Fri 23 May kprimrose@jacmac.com.au
NT event >>
Wednesday 28 May, 3pm
Community Justice Centre
Darwin
RSVP: 21 May to
cjc.doj@nt.gov.au >>
Vic event
Transformative mediation practice session
Date TBC
To register interest
sallywiencke@impaq.
com.au
ADR Forum:
Typical genres and conflict stories in mediation with Dr Samantha Hardy
Wednesday 4 June, 6pm
Minter Ellison
Level 22, Waterfront Pl
Eagle St, Brisbane
$15
RSVP by 27 May
stodulka@bigpond.com
Walk for Justice
Monday 19 May, 7am
Lawyers in Queensland, NSW, SA and Victoria will “Walk for Justice” to raise funds for the Public Interest Law Clearing Houses (PILCHs) >>
Working with emotional intelligence (EI)
Sydney 4 June
Melbourne 5 June sue@cfcd.com.au
T: 1300 730 204
LEADR video assessments
Dates and information >>
2008 LEADR 5 day
mediation workshops
Hobart, 10-14 June
Sydney, 4-8 Aug
Adelaide, 15-19 Sept
Melbourne, 13-17 Oct
Perth, 20-24 Oct
Australia dates & information >>
Wellington, NZ, 17-21 June
NZ dates & information >>
NZ: Advanced mediation skills
Wellington, 23 June
Auckland, 24 June |
