LEADR - Association of Dispute Resolvers


  June 2015 Visit www.leadriama.org

Legal update

An appraisal of the Model Law as the Australian standard in commercial arbitration proceedings
Cameron Australasia Pty Ltd v AED Oil Limited [2015] VSC 163  >>

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

Australian and New Zealand news


QLD Attorney-General presents scholarship honouring much-loved mediator 

qld.gov.au: The first annual Jack Cranstoun Memorial Scholarship has been established to train other talented young people at the Dispute Resolution Branch >>   

Arbitration ruling upheld against head contractor’s claims to procedural unfairness 

nsw.gov.au: Finding no basis to alleged conflict with public policy, the NSW Supreme Court enforced both the interim and final award in a recent construction case >>   

Building industry subcontractors made accountable for defective work

minterellison:  Following lengthy consultation with industry members, the Queensland Building and Construction Commission (QBCC) has released a new policy to reduce burden on contractors >>   

Experts reinforce growing popularity of ADR in New Zealand 

scoop.co.nz: Chapman Tripp provide a snapshot of the trends in structured negotiation, mediation, expert determination and arbitration >>

Victoria pilots world-first restorative justice program for sexual assault victims
theguardian.com: The South Eastern Centre Against Sexual Assault & Family Violence (Secasa) Manager, Carolyn Worth, allies concerns about the transformative potential of RJ >>​   

Cash Converters mediate class action over alleged exploitation 
afr.com.au: Australia’s well known payday lender is in dispute settlement over ‘exorbitant’ interest rates charged to ‘vulnerable’ customers >>​   

International news

ECUADOR: New (and better?) rules for enforcing international awards

kluwerarbitrationblog: Whilst modernising the ‘spaghetti bowl’ of Ecuador’s judicial system, the new General Organic Code of Processes still presents some retrogressive complexities >>

SOUTH AFRICA: Pilot project calls for debt mediation before repossession

iol.co.za: Having recently launched court-annexed mediation, the Department of Justice and Constitutional Development hopes to stop ‘unnecessary’ default judgments >>

UK: Refusals to mediate deemed unreasonable

lexology.com: A recent UK case highlights increasing essentiality to satisfy the Court with a justifiable reason for not engaging in ADR >>

USA: A new world-class arbitration regime

lexology.com: Introducing a powerful new tool for healthcare industry arbitrations, the Delaware Rapid Arbitration Act restores efficiency to private dispute resolution processes >>

UK: Change in litigation rules free up space for negotiation

mondaq.com:  By re-writing the rules governing written offers, the Civil Procedure Rules committee hope to assist parties who genuinely wish to settle >>

BANGLADESH: ADR used as practical solution in local disputes

mediationworld.net: Garnering the trust of rural peoples and drawing communities together, the Ministry of Local Government in Bangladesh has initiated the use of ‘village courts’ >>

EUROPE: Bringing mediation to investment treaty disputes

europa.eu: Taking action against the maintenance of intra-EU Bilateral investment treaties between EU Member States, the European Commission raises the idea of mediation >>

Articles and resources

Essential handbook about positive supervision for all supervisors
Reviewed by LEADR & IAMA member and registered FDRP, Mieke Brandon, this book by Fredrike Bannink is based on positive psychology and solution-focused therapy >>

Does arbitration need to rethink its branding?
adrtimes.com: Of the many people entering into arbitration agreements, Liz Kramer expresses her alarm at the 'good chunk' that have no idea what it means >>

Does the term ‘Alternative Dispute Resolution’ limit its scope?
mediate-la.com: Richard Birke, a law professor at Willamette University (USA), suggests ‘Applied Decision Theory ‘ would be the better name for a field with such a wide array of applications and skills >> 

New generation arbitrators reminded how to serve the ‘Rule of Law’   
kluwerarbitrationblog.com: In her key note speech at the YAF/YAPP Annual Conference, Wendy Miles claims that the arbitrator’s ‘higher purpose’ can be achieved by embracing Lord Bingham’s eight strand definition >>

Mediation as antidote to plethora of social traps
mediate.com: Discussing the dynamics of game theory based on the ‘Nash equilibrium’, Phyllis Pollack posits that mediation is the ‘apex’ that shifts competition to cooperation >>

A common sense screening tool for family mediators 
mediate.com: Given the frequency and contention around substance abuse in family disputes, Charlie Mulvey suggests that the mediation community should begin using detection devices >> 

Australia’s conflicting approach to investor-state dispute settlement (ISDS) could spark reform  
kluwerarbitrationblog.com: Considering potential outcomes of Trans-Pacific Partnership (TTP) negotiations, Edwina Kwan of Herbert Smith Freehills LLP, explores the global discussion surrounding the first investment treaty claim to be commenced against Australia in 2011 >>

Language as our way of negotiating relationships  
VIDEO ted.com: Sharing insights from his book ‘The Stuff of Thought’, Steven Pinker posits our choice of words as windows into human nature >>

The role that values play in preventing and managing workplace conflict  
VIDEO cmpresolutions.co: CMP resolutions has released a video series highlighting the 6 pivotal points in a conflict where effective dispute resolution can prevent escalation >>

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 >> 

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 events

WA event: Minding the gaps in dispute resolution >> 
Perth, 1 July

SA event: Minding the gaps in dispute resolution >> 
Adelaide, 2 July

TAS event: Meeting to discuss Expressions of Interest (EOI) >> 
Hobart, 13 July

NSW Chapter event: Confidentiality in mediation >> 
Newcastle, 16 July

NZ networking event: Independence and neutrality >> 
Wellington, 16 July

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

CINERGY™ 4 day conflict coaching >> 

NZ FDR Provider professional development workshops >> 

Other CPD & training

Elder Mediation course >> 
Brisbane, 30 June – 3 July
LEADR & IAMA members receive a $200 discount + FREE book >>

The power of an apology in mediation >> 
with Australian Mediation Association
Online, 26 August

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

Managing high conflict personalities >> 
with Bill Eddy LCSW, JD, CFLS
Melbourne, 2 September

Conciliation in the shadow of the law >> 
Melbourne, 9-10 November
LEADR & IAMA members receive 10% discount


Applying affective sciences to conflict resolution and peacebuilding >>
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

Transformative mediation for facilitative mediators >> 
Brussels, 23 September ​

Singapore International Arbitration Forum (SIAF) 2015 >> 
Singapore, 30 September ​

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

The amazing world of arbitration: Australian perspectives >> 
Perth, 19 November

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