Learning & events

On demand | Webinar | Legal considerations for dispute resolvers in the context of COVID (AU)

with Steve Lancken, Ruth Nocka, Max Kimber, Susan Hamilton-Green and Richard Gifford

On demand | Online
"Great discussion" "Some really valuable insights"

Legal considerations for dispute resolvers in the context of COVID (AU)

We offered this free webinar as part of our ‘responding to change’ series.

This is a panel discussion webinar that offers a conversation to discuss the legal considerations that emerge for dispute resolvers in the context of COVID-19 (as of date this was run, which was 1 December 2021).

This does not offer advice or directive but a discussion to help build our member agency.

We asked our panel to bring their thoughts on the following questions:

  • when gathering a group of people as a dispute resolver, what are your obligations to check vaccination status – and if you do, the ramifications? What if you wish to?
  • if an employment mediator, what is emerging in the context of employment mediations where vaccination status is a factor?
  • equally if you are an employer what are your obligations with regard to health and safety?
  • what other legal considerations or ramifications are emerging in your dispute resolution context due to COVID?
The link to the recording of this webinar will remain active for at least 3 months from the date of purchase. We continue to consult with the given presenter as to whether extended availability is possible. We are therefore not able to guarantee access beyond 3 months.

About the speakers

Steve Lancken
Negocio Resolutions

Stephen (Steve) Lancken is an internationally regarded mediator, trainer and coach. He teaches and commentates about negotiation and conflict resolution.

Steve's dispute resolution work commenced in 1981. He started mediating in 1990 and since his mediation practice became full time in 1999 has conducted more than 2,000 mediations. Notable areas of mediation speciality include major property and lease disputes, sports law, insolvency, telecommunications, native title, construction, insurance, and personal injury litigation.

He sits on ACAT, the National Sports Tribunal and is a Personal Injuries Commission mediator. Steve has mediated with many of Australia’s leading lawyers and advises parties seeking to negotiate agreements in contentious and non-contentious circumstances.

Ruth Nocka
Partner, Dentons

Ruth Nocka is a Partner in Dentons’ Employment and Safety group in Sydney.

Ruth advises on all areas of employment law and advises employers on a daily basis about disputes in the workplace ranging from performance management issues to bullying and claims from former employees. Currently she is assisting her clients to navigate the variety of issues employers must manage related to COVID, including the return to the office and vaccination issues.

Ruth has extensive experience in assisting clients with disputes in the workplace. This includes advising on disputes, conducting investigations and managing claims from former employees. Such claims include unfair dismissal, general protections, discrimination claims and breach of contract claims. As such, Ruth has extensive experience in disputes before the Fair Work Commission, Supreme and Federal Court litigation and existing employers through the complaints process at the AHRC and State discrimination bodies. Ruth has also assisted a number of applicants with discrimination or employment-related claims through the homeless persons legal service and transgender legal service.

Ruth is interested in the use of mediation at an earlier stage in workplace disputes to avoid the costs and regular dissatisfaction that arises from standard methods for resolving disputes.

Max Kimber SC
Barrister, Mediator, Facilitator

State Chambers

Max Kimber SC is a barrister with 40 years of litigation experience with a focus on workplace disputes. He has also been a mediator and facilitator of a broad range of employment and commercial disputes for more than 20 years.

Max provides training to solicitors and barristers about ADR and the importance of effective communication.

Susan Hamilton-Green
Family Lawyer and Mediator
Creative Family Law Solutions

Susan Hamilton-Green is a family lawyer and mediator in private practice. She is accredited by the Law Institute of Victoria as a Specialist in Family Law and Mediation.

Susan is a solicitor and practiced exclusively in Family Law in boutique city law firms before commencing her own business Creative family Law Solutions. She has a significant practice as an Independent Children’s lawyer, and is a Collaborative Practitioner and a trained Parent Co-ordinator.

Susan is also a practicing mediator. She is a registered Family Dispute Resolution Practitioner, and accredited under the National Mediator Accreditation Scheme. She is also a trained Arbitrator, an accredited Conflict Coach and a Chairperson’s for VLA’s FDRS Program.

Susan regularly provides mediation training and coaching. She provides supervision for family dispute resolution practitioners, and since 2011 she has been an adjunct lecturer with the College of Law in their PLT and Applied Masters in Family Law Programme.

Susan aims to provide a respectful, creative and tailored approach to meet the needs of each separating family, to assist them to move through this difficult time in their lives towards a better future. She has well established connections with many professionals from associated areas and supports a multidisciplinary and holistic approach to family separation.

Richard Gifford
Priority Complaints Officer

Queensland Human Rights Commission

Richard Gifford is a priority complaints officer and accredited mediator at the Queensland Human Rights Commission. Richard is also a lawyer who has previously acted for clients in the personal injuries space including for survivors of child abuse.

Richard’s role as priority complaints officer at the QHRC involves assessing and resolving urgent complaints received by the Commission under the Human Rights Act 2019 (Qld) and the Anti-Discrimination Act 1991 (Qld).

The bulk of the priority complaints role involves resolving complaints brought about as a result of COVID-19, which include complaints made by people with medical conditions being unable to wear masks (at work, when buying goods/services, in education), as well as various complaints arising from mandatory quarantine and border closures. The complaints received can come under one or both of the Human Rights Act (particularly in relation to alleged breaches of freedom of movement and humane treatment when deprived of liberty) and under the Anti-Discrimination Act which include discrimination, sexual harassment and victimisation.