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4 May 07

More LEADR ADR Case Law Review

In response to very positive feedback from members following Update 3 April we review a further 7 recent mediation and 2 arbitration cases in this edition. We thank Oscar Shub, David Salter and John Edmonds (of the Allens Arthur Robinson Litigation Group) who have assisted us on a pro bono basis as part of the AAR pro bono practice.

In a June edition we continue the mediation and arbitration cases and also report some recent adjudication cases.

Click on the link to read about:

Mediation

Arbitration

Participate in a research project into Personality and Mediator Style

Murdoch University Masters student and LEADR member, Heidi Smith is investigating the relationship between mediator personality and mediation style.

Heidi invites LEADR members to complete a survey (15 - 20 minutes) to contribute to this research. Participating mediators will benefit by receiving a brief report describing their scores along the four domains of Jungian Personality and their mediation style. Heidi will also produce a report for LEADR that describes the dominant mediator styles of LEADR mediators and how this varies according to mediator background and training. LEADR is keen to promote the growth of knowledge about alternative dispute resolution. So please take this opportunity to read more about this research and to complete the survey. >>

Legal issues arising from attending Mediation – Interview Chris Stevenson

Chris Stevenson, Barrister admitted Supreme Court Western Australia, member of LEADR’S Panel of Advanced Mediators, senior arbitrator and mediator talks with Catherine Davidson of Update editorial team on recent issues arising from a paper published in an earlier LEADR Update.

Click here to read Chris’ article. >>

Click here to read the interview. >>

Mediation Practice: Building your business

Steve Lancken’s presentation at a recent NSW Chapter Event, explored achieving your goals as an ADR practitioner, whether business, interest or sideline to your existing consultancy. How is work generated and how do you get offered that work for which you have the skills and the aptitude? Download the article. >>

Changes to the law affecting separating families and family dispute resolution practitioners from July 1

Information sessions will be held in capital cities and regional locations across Australia during May 2007. To find out more and to book go to www.ag.gov.au/fdrproviders. >>

Elizabeth Rivers at WA LEADR Chapter event

In April 2007, members of the WA Chapter of LEADR were privileged to have guest speaker UK mediator, Elizabeth Rivers, take us on a very interesting and challenging journey, advocating environmental awareness in all that we do – as citizens, lawyers and mediators. Elizabeth showed diagrammatically a frame which she referred to as the Great Jurisprudence… More >>

Mawul Rom Project

Leaders from the Yolngu people working with leading exponents of mediation offer a cross-cultural workshop in which both Indigenous and non- Indigenous young people from across Australia share and learn through direct contact, experience, and ideas about conflict resolution and decision making. Visit the Mawul website >>
Read more about this project >>  Apply to participate >>

Public Participation as Mediated Negotiation: Entangled Promises and Practices

John Forester

How do mediators in public policy disputes move contentious parties toward agreement when the people involved are distrustful, defensive, and see little possibility—or even the desirability—of cooperation? How do they deal with the reality of self-interest and inequalities in bargaining power? How do they respond constructively to behaviour such as bluffing, exaggerating, and selectively using or withholding information? How do they design processes that generate opportunities for cooperation? How do they make progress in the face of strict rules imposed by governmental institutions and of rigid attitudes entrenched in the people who rely on them? Read how John Forester explores these questions >>   Read more in the International Journal of Public Participation >>

Virtual Facilitation Workshops and Forums

The International Association of Facilitators in association with Evolve Facilitation and Coaching (based in Australia) warmly invites LEADR members to participate in its FREE 'Leading Lights' program, a series of virtual workshops and interviews with international facilitation leaders and authors. Using just your phone, you will be able to interact, question and share thoughts with leaders in our profession and with your facilitation colleagues from around the world. To register for the Leading Lights program go to http://www.evolves.com.au and follow the links >>

LEADR’s 9th International ADR Conference

Wellington, New Zealand

19 - 21 September 2007

Mark it in your diary! See more details about the conference >>

 

“A View from the House” – The Role of Communication, Negotiation and Mediation in Parliament

Mark Parnell, Greens MLC

SA Chapter Event

Adelaide 7 May at 6pm

A year after his election as the first Greens MP to the SA Parliament , Mark Parnelll will bring a unique insight into the crucial role communication plays in the life of a politician and consider (with audience discussion) what role there may be for ADR in parliament and the broader political world.

More>>

Problems created by mediators, parties & lawyers

Micheline Dewdney

NSW Chapter Event

Sydney 10 May

Too often mediators rely on the mediation process to avoid common problems rather than deal with problems which are driven by parties, mediators and lawyers if parties are legally represented.

More >>

IQ & CQ: Dialogue as the Bridge Between Individual Intelligence and Collective Intelligence

Bradley Chenoweth, LEADR Lead Trainer

ADR Forum

Brisbane 24 May at 6 pm

Organisations, workgroups and leaders seeking to manage conflict, and navigate the complexities of 21st Century change, need new capacities in order to make effective decisions that benefit both short and long-term objectives. Dialogic skills assist groups to garner the information in a system and learn how to genuinely think together as they problem-solve.

More >>

LEADR’s 9th International ADR Conference 2007

19 - 21 September 2007
Wellington, New Zealand.
Cross Winds to Calm Waters

Find out more >>

Breaking the Deadlock:
Mastering the Art of Exploration

Bradley Chenoweth

Brisbane 22 May
Darwin 29 May

Facilitating issues exploration between parties is the foundation of interest based mediation and negotiation. Mediators can experience this joint session skill as a challenging art form to master.

This workshop provides an opportunity to develop and expand your skills in facilitating direct dialogue between the parties.

More >>

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.

Sydney 15-18 May

Brisbane 23-26 May

Darwin 30 May-2 June

Hobart 20-23 June

See more dates & details >>



Collaborative Practice:
collaborative law, collaborative divorce, a hybrid, or is it mediation?

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?

Download the article. >>

How to become a Wild Lawyer

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.

Read Elizabeth's article on how to become a Wild Lawyer. >>