LEADR - Association of Dispute Resolvers


  July 2015 Visit www.leadriama.org

Legal update

Subpoenas in arbitration: the differing roles of the arbitral tribunal and the court
Esposito Holdings Pty Ltd v UDP Holdings Pty Ltd [2015] VSC 183 >>

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

Australian and New Zealand news


ATO employs ADR communication tactics for ‘cultural reinvention’ 

afr.com: By teaching staff how to have ‘difficult conversations,’ Debbie Hastings, head of the ATO's review and dispute resolution area, claims that the costly escalation of disputes will be prevented >>​   

Australian Courts reinforce significance of arbitration as DR option 

mondaq.com:  In this update from Holding Redlich, a recent host of decisions reflect a clear message from Australian judiciary – ‘take arbitration seriously’ >>​   

New websites launched for the Family Court and Federal Circuit Court 

familycourt.gov.au: Based on client and stakeholder feedback, the two revamped websites provide increased usability, access to resources and newly updated features >>

International arbitration forum appoints Australian practitioner
lawyersweekly.com.au: Bringing together young legal specialists from 45 countries, the Asia-Pacific Forum for International Arbitration (APFIA) has appointed Ashley Hill from GRT >>   

Stakeholder consultations continue for proposed Accident Compensation Appeal (ACC) Tribunal 
nz.news.yahoo.com: NZ's ACC Minister, Nikki Kaye, anticipates the roll out of this national ADR initiative by the end of the year >>

Australian pop culture’s, The Voice, resolves a dispute in front of millions 

mamamia.com.au: Fascinating viewers across the country this month, Delta Goodrem and Jessie J modelled effective conflict negotiation >>  

International news

US: Courts enforce policy ADR clauses without explicit consent

mondaq.com: A recent high profile insurance case acts as a warning to insurance buyers to be more diligent about explicit and implicit consent >>

EUROPE: Five big European car hire firms to include mandatory ADR rules 

bbc.com: In response to a litany of motorist complaints, improvements have now been made by the Competition and Markets Authority (CMA), setting a benchmark for the rest of the industry >>

PAKISTAN: ADR training for young judicial officers 

mediationworld.net: While handing out certificates to graduates, Federal Judicial Academy Director General, Fakhar Hayat, urged them to be effective in providing justice to the public >>

BARBADOS: Court annexed mediation pilot works 'exceedingly well'

barbadostoday.bb: Witnessing a positive impact on the judiciary, District ‘C’ Magistrate Christopher Birch, lauds mediation as a 'conciliatory' substitute for the adversarial system >>

Articles and resources

The qualities of culturally responsive family mediation 
adrresearch: Working with the complexities of culture in FDR, Dr Susan Armstrong insists that a mediator must be ethically, contextually and relationally responsive >>

The significance of a negotiator’s language 
adrtimes.com: According to Phyllis Pollack, shifting conflict away from personal attacks depends on appropriate self disclosure and careful use of pronouns >>

The ‘little things’ to consider in pre-hearings
lexisnexis: Providing a ‘nitty gritty’ checklist for arbitrators, Lexis Arbitration PSL, suggest that seamless organisation is the key to all parties being able to focus >> 

Negotiating negotiation – the keystones to better outcomes in daily life  
Reflecting on the largely unrecognised need for negotiation competency, Peter Singer, Negotiation Advisor of BOND NATIONAL, shares some fundamental tools >>

Addressing the growing OH&S concerns for legal practitioners
VIDEO tjmf.org.au: Lawyers Weekly speaks with Marie Jepson & Jeremy Hyman of the Tristan Jepson Memorial Foundation (TJMF), about the pioneering guidelines tackling the high rate of depression in the law >>

Learning about traditional ethics in contemporary mediation 
kluwermediationblog: Beyond the concerns of process, Ian Macduff of Singapore Management University, delineates four aspects of mediation that mirror the world of moral philosophy >>

Proposal to rebuild trust in investor-State arbitration n 
kluwerarbitrationblog.com: Athina Fouchard Papaefstratiou, an independent arbitration practitioner, evaluates France’s recommendation for a permanent EU Court >>

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

NZ networking event: Practice Group: To caucus or not to caucus... ? >> 
Wellington, 5 August

VIC event: How to start & grow a mediation practice >> 
Melbourne, 18 August

NZ networking event: A revolution of commercial mediation in New Zealand? >> 
Wellington, 20 August

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

CINERGY™ 4 day conflict coaching >> 

Other CPD & training

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 narcissists & high conflict personalities >> 
with Bill Eddy LCSW, JD, CFLS
Melbourne, 10-11 September

Cyberbullying complaint handling processes >> 
with Children’s eSafety Commissioner
Melbourne, 6 October

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


Small business festival Victoria >>
Melbourne, 1-31 August

Investment arbitration seminar >> 
Brussels, 7,8,14 & 15 Sept

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

7th Asia Pacific Mediation Forum Conference  >>
Sponsored by LEADR & IAMA 
Lombok, 10-12 Feb

13th annual ICC conference: International arbitration >>
Miami, 1-3 Nov  ​

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

The transformative approach to mediation >> 
London, 25-27 November

Mediate 2015: The Power of Mediation >> 
Edinburgh, 3-4 December

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