LEADR update

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NSW | SA | Vic | WA | NZ

Legal updates

Could the Court order the defendants to attend a voluntary mediation; or convert it to a mandatory court ordered mediation (NSW)? >>

Was a plaintiff precluded from bringing proceedings for the entry of judgment because it had elected to pursue adjudication instead of pursuing the court option (NSW)? >>

Would the Adjudicator be able to decide fairly a further application he had previously been persuaded by erroneous submissions against the applicant (Qld)? >>>

Thanks to Chris Davidson, Nicole Huggins and Chris McMeniman, Blake Dawson Litigation and Dispute Resolution team, for preparation of the Legal Updates.

The New Lawyer reviewed

John Pender reviews Julie Macfarlane's new book on how settlement is transforming the practice of law. >>

Global approach to referrals

Podcast: Interview with Irena Vanenkova about the IMI’s novel approach to helping businesses and their advisers find appropriate high-quality mediators worldwide.(20mins) >>

IMI's website: www.imimediation.org >>

Geoff Sharp: new LEADR Fellow

Internationally renowned, New Zealand ADR practitioner and barrister, Geoff Sharp, is known for his professional and innovative contribution to mediation at a global level. >>

WA school wins SCRAM final

WA's Christ Church Grammar won the SCRAM national grand final for 2008. Runners up were NSW's Seven Hills High School.

How to increase use of ADR by government

Why isn't there more ADR by the commonwealth government agencies? Tom Howe QC from the Australian Government Solicitor speaking at the ADR in Government Forum 2008 suggests a range of reasons. >>

Californian Court side steps mediation confidentiality

Documents such as white board notes produced in a mediation should be noted in the confidentiality agreement or might they be construed as forming a Settlement Agreement as happened in a Californian case. >>

With thanks to Mediate.com

Child charity Variety seeks pro-bono lawyer

Variety, the Children’s Charity (NSW), needs help to overhaul its Constitution and other policies. Variety is dedicated to improving the quality of life of children with special needs. Contact: Chris McMillan, CEO Variety NSW, ph 02 98191002 chris.mcmillan@varietynsw.org.au

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

Report on the National Mediation Conference 2008

Robin Tapper (LEADR WA) reports on the creative possibilities of mediation that fizzed and buzzed throughout the NMC. >>

Podcasts of the keynote speakers below and other presentations are available on the Conference and events page >>

Transforming the landscape of mediation

Podcast: Professor Hilary Astor, University of Sydney, journeys from mediation's inception through to her vision of the landscape 10 years hence. (27 mins) >>

Culture change and creativity

Podcast: Professor Michelle LeBaron, University of British Columbia, Canada, explores how mediators are more culturally fluent, while culturally sensitive processes are still constrained. (33 mins) >>

The New Lawyer - moving from warrior to conflict resolver

Podcast: Dr Julie Macfarlane, University of Windsor, Canada, addresses the implications for mediators of the emerging generation of "new lawyers" and the impact on clients who seek both legal services and the intervention of mediators in problem-solving. (35 mins) >>

Persuasion in negotiation and mediation

Podcast: Professor John Wade, Bond University, Qld, offers a framework for patterns of behaviour and persuasion observed in high conflict negotiations in civil and family disuptes (38 mins) >>

Working with high conflict clients

Podcast: Bill Eddy, National Conflict Resolution Center, California, US, focuses on four key skills for handling people in mediation with high conflict personalities. (30 mins) >>

Footprints on the landscape

Bruce Menzies gives a vivid personal take on his days at the NMC musing on matters from the Canadians' performance to Abbott & Costello and whether magic happened. >>

NMAC working groups report

LEADR CEO, Fiona Hollier reports on the progress made in the National Mediator Accreditation Committee. >>

Working with enemy images

ike Dealing with doubts about ourselves and our capacity to contribute as mediators, and our judgments about the people who will be involved. By Ike Lasater & Julie Stiles. >>

With thanks to Mediate.com

LEADR Chair joins NADRAC

Federal Attorney-General, Robert McClelland, has appointed Margaret Halsmith (LEADR Chair) to NADRAC. The A-G acknowledged Margaret's many years of experience in mediating disputes for government, business and individuals as well as her considerable teaching experience. >>

LEADR PI&PL insurance upgrade

Make the most of the annual professional indemnity and public liability insurance for LEADR members with its improved benefits. >>

19 September 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 >>

Perth, 23-26 Sept
Sydney, 27-30 Oct
Melbourne, 25-28 Nov

Micro-skills training
Issues exploration >>

Adelaide, Mon 29 Sept
Perth, Mon 27 Oct
For more info >>

"Top up" training >>

Adelaide, Wed 24 Sept
Melbourne, Wed 15 Oct
Perth, Wed 22 Oct

NZ: Cross cultural issues
with Michelle LeBaron >>

Wellington, 22 Sept
Auckland, 24 Sept
For more info >>

Video assessments >>

Plus new date:
Hobart, 27 Sept >>

LEADR Chapter events

NSW event
ADR within the Australian Defence Force
with Carol Bowen

Tues 23 Sept
5.15pm for 5.45pm start
Deacons,
Level 18, Grosvenor Place
225 George Street.
$25 membs; $30 non-membs
RSVP: By cob Mon 22 Sept to therese@leadr.com.au
For more info >>

Vic event
Practice session: What to when the mediation threatens to derail

Wed 24 Sept
5.30pm for 6pm start
Bureaux
530 Lonsdale Street
$15 memb; $20 non-memb

RSVP: Sally Wiencke, 0412 839164, sallywiencke@impaq.com.au
More info >>

NT event
Dr Peter Adler's Eye of the Storm
presented by the CJC

Wed 24 Sept @ 4pm
Jury Muster Room
Supreme Court, Darwin
RSVP cjc.doj@nt.gov.au

VARJ AGM Address
Sex offenders, circles of support & accountability
with Reverend Jonathan Chambers >>

Wed 24 Sept
5pm for 5.30pm start
Sir Zelman Cowen Centre
Victoria University
Lvl 2, 295 Queen St
Melbourne

For more info >>
RSVP: Peter Condliffe, president@varj.asn.au, 0408153546

Vic event
Theory and practice of international protective presence
with Rohan Martynes
Fri 3 Oct, 12.30-2pm

ACPACS Melbourne office
Level 11, 14 Queens Road
RSVP: n.balvin@uq.edu.au

Qld ADR Forum
with Nadja Alexander postponed

Date TBA

NSW event
Appreciate inquiry
with Yishai Shalif & Rachel Paran >>

Mon 24 Nov, 9am-5pm
Sydney
For more info >>
Contact: Michelle Brenner, 02 9389 2005, brennermichelle@hotmail.com

Reduced sub for ADR Bulletin

To receive the 30% discount on your first year subscription and 10% on subsequent years, complete this form. >>

2008 LEADR 5 day
mediation workshops >>

Adelaide, 22-26 Sept
Melbourne, 13-17 Oct
Perth, 20-24 Oct

Flyer & registration >>

2009 dates now available >>

Group of European Magistrates for Mediation (GEMME)
Mediation in service of peace >>

Geneva, 6-7 November
For info & registration >>

Questions: contact@gemme-conferences.org

11th Annual Australasian Facilitators' Network Conference 2008 >>

Bathurst, 26-28 Nov >>

Links to many of the articles and most podcasts are not available from this version of Update. The full version is only available to LEADR members. 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

To become a member: download the membership form >>
Or to find out more about becoming a member, click here >>