Legal updates
If an oral settlement is reached at mediation, is it binding? (NSW)? >>
Was the adjudication determination void where neither party had made a submission that there had been a denial of natural justice (NSW)? >>
Did a decision made by a person acting as a 'Wise Man' involve him acting as an expert or an arbitrator?(NSW) >>
Did a clause in a distributorship agreement entitle a party to apply to the Court where injunctive or declaratory relief was sought rather than applying for such relief from an arbitrator. (Federal) >>
Thanks to Chris Davidson, Nicole Huggins and Chris McMeniman, Blake Dawson Litigation and Dispute Resolution team, for preparation of the Legal Updates.
NSW Chapter: Workplace ADR in Australian Defence
Podcast: Carol Bowen from Defence outlines its grievance procedures; this offers useful general insights into workplace ADR. (70 mins) >>
View the powerpoint from the talk. >>
Review of International Commercial Mediation
Alan L Limbury reviews a new resource by Dr Cyril Chern on international mediations with particular insights into construction and commercial disputes. >>
Mediation: Skills and Techniques
Professor Laurence Boulle's recently revised book provides a comprehensive guide for reflective practitioners, both new and experienced. Reviewed by Phillip Hart. >>
Indigenous DR project outcomes
The Federal Court's project into conflict involving Indigenous people will publish products early in the new year which will help practitioners improve ways of managing these conflicts. >>
NADRAC website
Reflecting the current Federal Government's priority to promote ADR, NADRAC's revamped website offers valuable resources for ADR practitioners and clients. >>
Insights into high conflict clients
Bill Eddy's website and newsletter offer a treasure trove of skills and tips for working with high conflict people (HCP). >>
New law for NZ family courts
The NZ Family Courts Amendment Act 2008 introduces non-judge led mediation into every family court. >>
New accreditation for FDRPs
From 1 July 2009 all Family Dispute Resolution Practitioners will need to meet key competencies including responding to domestic violence, creating safe environments for vulnerable parties, and knowing the family law environment. >>
Ethic of compassion
Authentic compassion in a mediator is the true gift he/she brings to the negotiation table writes William Harralson. By becoming part of the party’s struggle, the mediator brings understanding that enhances creativity and optimism which then drives peacemaking. >>
With thanks to Mediate.com
LEADR PI&PL insurance upgrade
Make the most of the annual professional indemnity and public liability insurance for LEADR members with its improved benefits. >>
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 >>
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Federal Government seeks input
Federal Attorney General Robert McClelland has asked NADRAC to consult widely on removing barriers and providing incentives to ADR use. LEADR will seek input from members as a basis for its contribution. >>
Improving mediation practice
As a result of a recent project, the American Bar Association identified four main factors to improve the quality of mediation. How relevant are these in Australia? >>
LEADR Director writes opinion piece in national press
Michael Mills, past Chair and present Director of LEADR writes that only a fraction of litigation law training should be around court processes. To make litigation faster and cheaper also “requires... greater awareness and a more sophisticated approach to alternative dispute resolution (ADR) at a judicial level...”
Read the entire article in the Australian Financial Review, 17 October, pg 48. >>
ADR gets thumbs up in Victoria
The Victorian Government recently announced initiatives to develop Appropriate Dispute Resolution (ADR) including judge-led mediation. >>
Re-inventing the pyramid
Likening the learning environment to an eco-system, John Wade explains the versatility and effectiveness of the “pyramid method” for mediation and negotiation training. >>
Published in Bond Law Dispute Resolution News
More podcasts from the NMC
In addition to the podcasts below >>
Podcast - What's new in phone mediations?
LEADR NZ Board member, Jessica Carter outlines how a public sector mediation service has stepped up to new access levels. (30 mins) >>
Podcast - Bringing mindful awareness to transformative mediation: the role of the mediator
Tom Fisher tells how the “mindfulness” of the mediator can improve the help s/he offers to parties in crisis. (30 mins) >>
Podcast - Conflict management in an operational environment (NC)
Why would you need an interest-based approach to solving problems in the armed forces, when you can just give orders? Chris Ford explains. >>
Podcast - Intervention strategies in native title mediation
Graeme Neate discusses a range of intervention strategies used by the Native Title tribunal and the strategic roles of the mediator. (30 mins) >>
Podcast - Cultural diversity, conflict resolution and the role of law
Lola Akin Ojelabi explores how to create shared values and overarching goals for members of a diverse society. (30 mins) >>
Use LEADR to promote your mediation services
How can you make the most of LEADR's referral system and website? What is a promotional resume? What information do potential clients seek about a mediator? >>
Impasse is a fallacy
Impasse is mostly a dare, a temptation for the mediator to buy into the bluff that things are stopped dead in their tracks and it is time to give up. Lee Jay Berman >>
Published on Mediate.com
Last days to join conflict coaching
Register this week for the conflict coaching course being held in Sydney, 27-30 October, or if you're in Victoria, you have a month before the Melbourne training begins.>>
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
Research into workplace bullying
PhD candidate at Adelaide University, Moira Jenkins seeks participants who have had a complaint of bullying made against them within the last year. >>
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18 October 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, 27-30 Oct
Melbourne, 25-28 Nov
Micro-skills training
Issues exploration >>
Perth, Mon 27 Oct
For more info >>
"Top up" training >>
Perth, Wed 22 Oct
Sydney, Wed 3 Dec (NEW)
Video assessments >>
For assessment or as a role player for CPD hours
Sydney, 22 Oct & 20 Nov
Darwin, 8 Nov
Melbourne, 2 Dec
Perth, 18 Nov
Adelaide, 26 Nov
Alice Springs, 23 Oct & 5 Nov >>
Auckland, NZ, 6 Dec >>
LEADR Chapter events
NSW event
Courts view on mediation
Panel of judges, magistrates and registrars
Tues 28 Oct
5.15pm for 5.45pm start
8pm finish
Allens Arthur Robinson
Level
28,
Deutsche Bank Place
cnr Phillip & Hunter Streets
SYDNEY
$25 membs; $30 non-membs
RSVP: by cob Fri 24 Oct to therese@leadr.com.au
For more info >>
WA events
Mediation participation fishbowl
Wed 29 Oct,
5-7pm
Jackson McDonald
Level 25, 140 St George's Tce
PERTH
No cost
RSVP: by Fri 24 Oct to barboutis@jacmac.com.au
More info >>
Focus group on mandatory mediation
(following AGM)
Tues 11 Nov,
5.15-6.30pm
Jackson McDonald (see above)
No cost
RSVP: by Fri 7 Nov to barboutis@jacmac.com.au
Vic event
AGM & speakers on Advanced commercial mediation training in Italy and Reflections on the NMC
Tues 11 Nov,
6-8pm
Italian Waiters Restaurant
1st floor, 20 Meyers Place
MELBOURNE
RSVP: ph 0412 839164, sallywiencke@impaq.com.au
SA event
Being Australian: After the Apology, a conversation for non-Aboriginal Australians
Sat 25 Oct, 1-5pm
Sophia, 225 Cross Road
Cumberland Park, SA
Cost: $20
More info & reg >>
Vic event
The Imam and the pastor - Imam Muhammad Ashafa and Pastor James Wuye, co-directors of Muslim-Christian Interfaith Mediation Centre in Nigeria share their stories
Victoria University, Sat 1 Nov >>
Vermont, Sun 2 Nov >>
For more info: www.au.iofc.org/imam-pastor
View part of the documentary of the same name >>
Qld ADR Forum
You said what? 10 common mistakes of representing clients in mediation and how to avoid them
with Geoff Sharp, LEADR Fellow
Wed 5 Nov, 6pm
Holding Redlich Soliciotrs
Level 1, 300 Queens Street
BRISBANE (opp GPO)
Cost: $20
RSVP by 28 Oct to stodulka@bigpond.com
NSW event
Appreciative inquiry one day workshop
with Yishai Shalif & Rachel Paran >>
Mon 24 Nov, 9am-5pm
Sydney
For more info >>
Contact: Michelle Brenner, 02 9389 2005, brennermichelle@hotmail.com
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