LEADR - Association of Dispute Resolvers


  May 2015 Visit www.leadriama.org

Legal update

Drafting the commercial arbitration agreement: How important is it?
Hebei Jikai Industrial Group Co Ltd v Martin [2015] FCA 228 >>

Thanks to Kevin Shum and Karen Ingram from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Australian and New Zealand news


WA Court provides guidance to SOP adjudicators 

allens.com: A WA Supreme Court recent ruling highlights avoidable errors in security of payment adjudications >>

Mediation could have avoided NZ strike action and potential risk to patients

odt.co.nz: After failed negotiations with union, Apex, Southern District Health Board, CEO, Carole Heatly asserted mediation as the ‘proper channel’ for resolution >>

Federal Court Judge raises profile of arbitration in Australia law  

lawyersweekly.com.au: At a recent CIArb event, Justice Steven Rares, highlighted Australian courts’ willingness to enforce processes including a DR clause requiring negotiations, followed by mediation and arbitration >>

ASIC consults DR ombudsmen to develop regulatory guide 

mediationworld.net: In light of financial advice problems encountered by the Commonwealth Bank and other major players, a new guide will help ensure consistent and transparent remediation programs >>

NZ First calls for receivership mediation  

scoop.co.nz: Hoping to assist farmers facing financial strain, a bill has been lodged in parliament requiring independent debt mediation >>​

NSW Supreme Court decision affirms pro-arbitration stance

allens.com.au: A recent case confirms that arbitrability is determined by the proper construction of the arbitration agreement notwithstanding third party impacts >>   

Two Australian ADR brands combine 

disputescentre.com.au: The Australian International Disputes Centre (AIDC) and the Australian Commercial Disputes Centre (ACDC) have announced a combined single brand of the Australian Disputes Centre >>   

Articles and resources

Why ADR must be a mandatory subject in the law degree  
QLD university: Challenging the status quo in legal education, James Duffy & Rachael Field argue that a degree without compulsory ADR subjects fails to prepare law students for practice >> 

'Success’ tools for court annexed mediation  
mediate.com: Paul Monicatti provides10 lawyer practice tips as mediation advocacy gradually replaces trial advocacy >>

Conflict resolution, taming your inner lizard, and conflict pivots  
PODCAST wsradio.com: US mediator, Doug Noll interviews blogger and author,Tammy Lenski about her journey in conflict resolution expertise, and to find her purpose  >> 

Public interests or service to parties: how does the arbitrator balance these?   
kluwerarbitrationblog.com: Derains & Gharavi explore the authority of arbitrators to give effect to rules that serve public interests and are external to the applicable law – provided, that such rules fit into 'overriding mandatory rules' >>

The revolution in family law DR
University of Missouri: John Lande surveys the procedures that divorcing couple use. Lawyers may provide 'unbundled' services to help those who want to undertake some legal tasks themselves and who may want to use self-representation, mediation, arbitration, or private judging >>

From warehousing offenders to systemic and personal accountability
restorativejustice.com: Reflecting on incarceration rationale, Lisa M. Rea points to the beneifits of restorative justice for victims, offenders, communities, and societies >> 

Prioritising peace over social justice inhibits reconciliation  
mediate.com: In considering political conflicts, Ricardo Padilla, points to the recurring tensions associated with peace, justice and forgiveness >>

Non-violent ways to achieve change 
VIDEO ted.com: Srdja Popovic, who led the nonviolent movement that brought down Milosevic in Serbia in 2000, suggests diverse tactics, including a sense of humour  >>

International news

KENTUCKY: Sexual harassment claims go to mediation

mediationworld.net: Former staff members' claims about sexual harassment by a former democratic state representative are to be addressed through mediation >> 

UK: Legislative changes will trigger expanded ODR services  

out-law.com: Online Dispute Resolution (ODR) specialist, David McIlwaine, asserts that businesses must prepare for addressing disputes with consumers using online ADR >>

INTERNATIONAL: International Centre for Dispute Resolution (ICDR) revises international arbitration rules 

adr.org: Aimed at achieving high level process efficiency in global arbitration, the ICDR enhances its arbitration procedures >>

UK: Expert witnesses critical to success of global construction disputes 

clydeco.com: Clyde & Co Global Projects & Construction have recently released a report highlighting issues and trends of which contractors and project stakeholders need to be aware>>  

HAWAII: Mediation reduces negative effects of foreclosure on neighbourhoods 
mediate.com:  With the support of the Third Circuit Court, two Hawai’i mediation centres have successfully helped 172 homeowners avoid foreclosure >>  

SINGAPORE: Collaborative Family Practice (CFP) to re-popularise amicable divorce    
todayonline.com: In response to the low take up rates of ADR in the family justice system, the executive director of the Singapore Mediation Centre, asserts that people do not know the processes exist >> 

USA: Uncertainty in state of U.S. law about waiving the right to arbitrate

kluwerarbitrationblog.com:  Recent Art Shy decision in the Sixth Circuit Court of Appeals raises a question of whether an arbitration waiver should require prejudice >>  

INTERNATIONAL: Energy sector proposes specialised arbitration rules    

globalarbitrationreview.com: Edinburgh-based International Centre for Energy Arbitration has published a report stating that DR procedures need to be customised for energy disputes >>

EUROPE: Arbitrators with greater anti-suit powers than judges

cmc-lawnow.com: The European Court of Justice has handed down a decision welcomed by arbitrators in the EU >>

Professional indemnity and public liability

LEADR & IAMA members can access a competitive insurance package through AON Insurance. Learn more here >>

What's on

LEADR & IAMA training

Mediation courses >>

Mediation 'Refresher' workshops >>

Assessment of mediator competency >>

CINERGY™ conflict coaching,
4 day >>

NZ FDR Provider Professional Development Workshops >> 

Other CPD & training

Collaborative Practice workshop >> 
with ACJI and AIJA​  
Melbourne, 11, 12, 13 June

ADR Ethics for Practitioners >> 
with La Trobe University​  
Melbourne, 19 June

Access to Justice symposium - taking the next steps >> 
with ACJI and AIJA ​  
Melbourne, 26 June

Elder Mediation Training Course – why should you care?  >> 
with Consensus Conflict Mgt  
Brisbane, 30 June – 3 July

LEADR & IAMA members receive a $200 discount off registration fee as well as a FREE copy of Crystal Thorpe’s book 'Mom Always Liked you best'

5-Tool Negotiator workshop >> 
with UCLA Professor Russell Korobkin 
Melbourne, 1 September

Keeping your LEADR & IAMA CPD updated

Save time by keeping your CPD record as you go. Simply login to the Members Area of the LEADR & IAMA website and select My Account - CPD & Practice Hours.

Any LEADR & IAMA events you attend will automatically be listed, and you can add other events as you like and all will be saved in one place for your re-accreditation. Login to start adding to your CPD now >> 


International Institute for Restorative Practice Conference>>
10-12 June

How to reach the best deal? Negotiation training >> 
24-25 June

Centre for Alternative Dispute Resolution Conference >>
Greenbelt, MD
25-26 June

Mediation workshop for practising mediators >>
Tuscany, 20-27 June

2nd World Mediation Summit >> 
Madrid, 29 June-2 July

Conflict resolution and peacebuilding workshop >>
Geneva, 7 July

Identity-based conflict resolution certificate >>
Bar-Ilan Univeristy,  
Israel, 5-30 July

Alternative Dispute Resolution in Indigenous Communities (ADRIC) >> 
Melbourne, 27-28 July

Asia Pacific Mediation Forum Conference  >>
Sponsored by LEADR & IAMA 
Jakarta, 7-9 October ​

Sent by LEADR - Association of Dispute Resolvers,
Level 1, 13-15 Bridge Street
Sydney, NSW 2000