In this Update:
Introducing the LEADR ADR Case Law Review Taking up where the previous LEADR Update left off in 2005, we introduce a new ADR Case Law Review service to members. We thank Michael Mills and David Sellin (of the Freehills Litigation Group) who have assisted us on a pro bono basis as part of the Freehills Foundation. A thorough list of case law involving mediation, arbitration, adjudication and expert determination has been compiled from 2005 including cases not previously reviewed in LEADR publications. In this issue we review seven cases involving mediation. We also provide the arbitration cases as a list for members working in the area to consult. In following issues, with the assistance of other law firms supporting LEADR we will work our way down the mediation list and also review adjudication cases of interest to our members. Click on the link to read about:
Click here to download the List of Arbitration Cases from 2004 to March 2007. >> Building on her early career in education and psychology, Margaret’s mediation practice provides services for government, business and individuals. She is active in many spheres of dispute resolution throughout Australia including as a Co-Chair of the 9th National Mediation Conference to be held in Perth in 2008. Margaret says of her new role: “Having enjoyed making a contribution as a Director of LEADR for two years, I am honored now to be in the position of continuing to work with the dedicated LEADR board to promote high quality ADR in Australia, New Zealand and beyond.”
Lorraine Lopich In February 2007, during a training tour of Australia, international collaborative practice trainer Marion Korn was asked about the need to adopt guidelines for collaborative practice. Shaking her head Marion replied; “Lawyers just don’t get it.” What don’t lawyers get? Elizabeth Rivers, Environmental Lawyer The worlds of management, systems theory, humanistic psychology and other disciplines contain useful approaches that lawyers can adapt in order to equip themselves to play a full role in addressing the environmental challenges we now face. The WA chapter is hosting a presentation by Elizabeth Rivers on earth governance and mediation. Elizabeth has been a pioneer in the development of mediation in the UK. Involved in the field since 1990, she is recognised by Chambers Guide to the UK Legal Profession as a leading mediator for organisational and employment disputes. Read Elizabeth's article on how to become a Wild Lawyer. >> Read more about Wild Law and Earth Jurisprudence on Wikipedia. >> Forrest (Woody) Mosten 12 April 2007 LEADR is pleased to offer two half-day workshops run by Forrest Mosten in advanced skills for mediators and collaborative lawyers. Based in Los Angeles, Woody is a mediator with more than 27 years experience. In addition he has a family law practice in which he uses a collaborative and problem solving approach. Woody teaches at both UCLA and Pepperdine School of Law and has published several books, including most recently the Mediation Career Guide (2001). The recipient of numerous awards including 1999 Peacemaker of the Year, Woody is in constant demand as a master mediation trainer and presenter. His other commitments in Australia means that he is available in Sydney only to run two half day sessions, covering different but complementary material. Download more information and register for these workshops >> LEADR’s 9th International ADR Conference
19 - 21 September 2007 Streams will include:
See more details about the conference >> WA Chapter trials new mentoring scheme The WA Chapter of LEADR has decided to trial a mentoring scheme for graduates of LEADR training. Graduates will be given the opportunity to be “linked” with a member of the LEADR executive who mediates matters that are compatible with the trainee’s area of interest. It is envisaged that this “link” will stay in place for six months (until the next four-day training course) during which time the mentor will encourage and assist the newly trained mediator to use their new skills. It is also expected that the trainee will be encouraged to attend and become involved with LEADR networking events. The trial will be evaluated towards the end of the year. Click here to contact the WA Chapter >> SOCAP Workshops: Carolyn Manning, Psychologist and Accredited Mediator Various locations around Australia See details, dates and locations >> NADRAC will hold its 3rd Research Forum in Melbourne in July. The forum will provide an opportunity for researchers to discuss their research, as well as trends and issues in researching ADR. The forum will provide opportunities for dialogue between researchers, government and industry. When: 13 and 14 July 2007 Where: La Trobe University City Campus, Franklin Street, Melbourne Cost: Free For more information on these events phone the
NADRAC Secretariat (02) 6250 6272 or go
to: http://www.nadrac.gov.au >>
Give us feedback and suggest contributions LEADR Update and the website have been in their revised format for a few months, now, and are steadily evolving. Please continue to let us know what you think and what you would like included. We also welcome contributions. Email our editorial committee to give feedback and have input into LEADR Update and the website >> |
For your diary Advanced Strategies for Mediators and Collaborative
Lawyers, and ...
Sydney Based in Los Angeles, Woody is a mediator with more than 27 years experience. In addition he has a family law practice in which he uses a collaborative and problem solving approach. Woody teaches at both UCLA and Pepperdine School of Law and has published several books, including most recently the Mediation Career Guide (2001). The recipient of numerous awards including 1999 Peacemaker of the Year, Woody is in constant demand as a master mediation trainer and presenter. His other commitments in Australia means that he is available in Sydney only to run two half day sessions, covering different but complementary material. CINERGY™ Conflict Coaching Sydney 1-4 May Conflict coaching offers ADR professionals, HR Managers, Organizational Consultants and Executive Coaches an invaluable skill set and process for helping people discover how they may effectively manage and engage in conflict.
More about the Sydney workshop >> Register an Expression of Interest in conflict coaching workshops to be held in other cities >>
Problems created by mediators, parties & lawyers Micheline Dewdney NSW Chapter Event Sydney 10 May How do we deal with common problems that mediators, especially newly trained mediators, are likely to face in the course of mediation? Too often mediators rely on the mediation process to avoid these problems rather than deal with problems which are driven by parties, mediators and lawyers if parties are legally represented. “Wild Law” Elizabeth Rivers, a pioneer in the development of mediation in the UK. WA Chapter Event Perth 16 April We are rapidly destroying our only habitat, Earth. It is becoming clear that many of the treaties, laws and policies adopted in recent years have failed to slow down, let alone halt or reverse, this process. Breaking the Deadlock: Bradley Chenoweth Melbourne 1 May This workshop provides an opportunity to develop and expand your skills in facilitating direct dialogue between the parties. LEADR’s 9th International ADR Conference 2007 19 - 21 September 2007 LEADR Mediation Workshops LEADR training is recognised for the high quality of its program design, the interactive and experiential emphasis of the learning activities and the exemplary skills of its facilitators. Pass the details and dates to colleagues >> Melbourne 2-5 May Sydney 15-18 May Brisbane 23-26 May Darwin 30 May-2 June Hobart 20-23 June
Articles Collaborative Practice Lorraine Lopich In 1990 Stu Webb developed collaborative practice to save his clients from soul destroying litigation and to make practising his profession fun again. Collaborative practice is about cooperation, not confrontation. It has been described as “Law without litigation / Mediation with advice”. Making Med-Arb Work Alan Limbury One possible reason why the hybrid ADR process of med-arb is rarely used (involving the same person acting first as mediator and then, if the dispute is not resolved, as arbitrator) may be that it attracts several important criticisms. If these criticisms can be addressed, the process offers to disputants the prospect of knowing the dispute will be resolved; giving mediation their best shot; and saving time and money. This forum considers the criticisms of med-arb and suggests how they might be overcome. |
The
Board is very pleased to announce the appointment of Margaret Halsmith
to the position of Vice Chair of LEADR (filling the position previously
held by the current CEO).
Collaborative
Forrest
(Woody) Mosten
Workshop
facilitator, Julie Walker has worked closely with
Cinnie Noble, the founder of CINERGY™, in Canada and Australia.
Julie is the first accredited trainer in this model in Australia.
She has used conflict coaching extensively with senior managers
and staff in a range of workplaces, and provides training and ongoing
professional development to in-house conflict coaches in the Department
of Defence.