Legal updates

Should a matter be referred to mediation where one party opposes the referral; and are completed pleadings and evidence essential preconditions to mediation (NSW)? >>

Should a matter be referred to formal mediation under section 26 of the Civil Procedure Act 2005 (NSW) over the objection of the defendants (NSW)? >>

Was the adjudication application served properly; was the adjudicator's appointment properly accepted; did the adjudicator err in failing to satisfy himself that there was service of the adjudication application; and did the adjudicator fail to maintain impartiality (Qld)? >>

Was the adjudication determination void due to the application being based on a number of payment claims; and was it void because the adjudicator failed to consider a set-off relating to an alleged overpayment (NSW)? >>

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

Podcast: How is settlement transforming the practice of law? What practices have become central to the new practice of law? Julie Macfarlane discusses the extensive research presented in her new book. (32 mins) >>

Julie will be speaking about her book at the National Mediation Conference on Wednesday 10 September in Perth. Visit the website. >>

LEADR will publish a review of the book in the next Update.

School mediations win air time

NSW Barrister, Graham Ellis is staggered with the response to his airing the benefits of mediation in schools. >>

Mediation in the Asia Pacific: constraints and challenges

Dale Bagshaw, Associate Professor at the University of SA and President of Asia Pacific Mediation Forum Australia, explores the tendency for Western discourses on mediation to marginalise the knowledge of other cultural groups. >>

This keynote address and other conference papers are published by the Asia Pacific Mediation Forum >>

Recognising and validating diversity in mediation

How and why do “individualist” and “collectivist” cultures negotiate differently? How does custom impact on decision-making? Malcolm Sher helps us understand more about the social patterns and belief systems that underly these patterns of behaviour. >>

With thanks to Mediate.com

Understanding mediation practice around the world

Professor Nadja Alexander from the University of Queensland introduces a meta-model for conceptualising an increasingly complex and sophisticated array of practices which share the name mediation. >>

This keynote address and other conference papers are published by the Asia Pacific Mediation Forum >>

LEADR membership 07-08 ends soon

If you haven't renewed your membership, now is the time. On 1 September, your membership will no longer be current and could effect insurance and accreditation requirements. >>

LEADR hosts Vietnam study tour

LEADR recently hosted a delegation from the Vietnamese Ministry of Justice. LEADR and colleague agencies shared their knowledge to assist the delegation who will write and implement new legislation to increase Vietnam's use of mediation. >>

New conflict coaching date for Melbourne

The Basic CINERGY® conflict coaching will now be offered in Melbourne from Tuesday 25 – Friday 28 November. >>

LEADR PI&PL insurance upgrade

Improved benefits of the professional indemnity and public liability insurance for LEADR members: the PI sum insured has increased to $10m for any one claim, $30m in the aggregate; and the excess is now exclusive of costs meaning that you will not be required to pay the excess unless a claim is settled or a judgment is awarded against you. The premium has only increased to $275. >>

Mediating money matters in Malaysia

Podcast: Audrey Yeoh, primary mediator with Malaysia's Financial Mediation Bureau, talks with LEADR CEO, Fiona Hollier, in Kuala Lumpur about the work of the Bureau in facilitating and mediating disputes in the financial sector. (16 minutes) >>

Chunking up and down

On his blog which he describes as "...an overly opinionated mediation resource...relentlessly on topic", LEADR NZ Advanced member, Geoff Sharp provides a myriad of takes on the mediation world. Have a look at his insight into the different thinking of technicians vs entrepeneurs. >>

No-blame approach in mediation

A 'no-blame' approach accepts ‘what is'. It seeks to learn from what has happened, so as to deal with it differently in the future as well as with the distressing feelings arising from it. Alan Sharland critiques the strengths of the approach in the context of a complaint brought against a National Health Service practitioner. >>

With thanks to Mediate.com

National Mediation Conference: late breaking news

The Federal Attorney General, the Hon Robert McClelland will open the National Mediation Conference on 10 September. The AG has said: "We must ensure that the parties, and not just the lawyers, are engaged in the process. It makes no sense if parties feel coerced into an outcome with which they do not agree."

NMC book, NMC limerick competition and/or to register >>

Grand SCRAM final or how to make mediation a competition!

The winning schools from WA and NSW will compete in the National SCRAM final at the National Mediation Conference in Perth. It will be held on Wednesday 10 September from 5.30-7pm at the Hyatt Regency Perth. All welcome. Best wishes to the finalists, and thank you to all the LEADR members who have supported SCRAM as coaches and adjudicators.

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

22 August 2008

This version of Update is published with limited links to articles and podcasts. The complete version is only available to LEADR members.

LEADR training and assessments

Basic CINERGY®
conflict coaching >>

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

Advanced CINERGY®
conflict coaching >>

Sydney, 23-25 Oct
For more info >>

Micro-skills training, Adelaide

Issues exploration, 29 Sept >>

Private sessions, 30 Sept >>

"Top up" training >>

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

NZ: Workplace conflict management
with Blaine Donais >>

Auckland, 16-18 Sept
Wellington, 19 Sept
For more info >>

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

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

Vic event
Members meeting: Practice session

Tues 23 Sept
For more information: sallywiencke@impaq.com.au

IAMA NSW event
The ethical mediator
with Alysoun Boyle >>

Wed 3 Sept
5.30 for 5.45pm
IAMA DRC
Lvl 9, 52 Phillip Street >>

RSVP by 1 Sept nsw.chapter@iama.org.au
ph 02 9241 1188

IAMA Vic event
Mediation skills - evaluation of mediation in the Supreme & County Courts of Victoria
with Tania Sourdin >>

Thurs 4 Sept
5.30-7.30pm
Offices of Herbert Geer
Lvl 20, 385 Bourke Street >>

RSVP by 1 Sept vic.chapter@iama.org.au
ph 03 9602 1711

Effective engagement across cultures: finding ways forward on shifting paths
with Michelle LeBaron >>

Thurs 18 Sept
5.30pm for 5.45pm start
ACPACS Melbourne office
Level 11, 14 Queens Road
Cost: $121 >>

RSVP: profstudy@uq.edu.au. or ph 1300 364 562.

Intercultural conflict resolution
with Michelle LeBaron >>

Melbourne, 17-19 Sept
More info >>

Working with
high conflict clients
with William Eddy >>

Tues 23 Sept
ACPACS Melbourne office
Level 11, 14 Queens Road
Cost: $121 >>

RSVP: profstudy@uq.edu.au. or ph 1300 364 562  >>

11th Annual Australasian Facilitators' Network Conference 2008 >>

Bathurst, 26-28 Nov >>

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 >>

How to conduct an effective mediation

Sydney, Tues 26 Aug 6-7pm
For lawyers & in-house counsel

For info: leeanne.barlow@deacons.com.au
or Call Leeanne on 03 8686 6067

For those of you travelling overseas

CIArb Mediation Symposium: the key issues and challenges facing mediators>>

London, Wed 24 Sept
For program & registration form >>

Registrations by 10 Sept

Contact: ddodsworth@ciarb.org

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

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

Questions: contact@gemme-conferences.org