LEADR - Association of Dispute Resolvers


  August 2015 Visit www.leadriama.org

Legal update

You're fired: No second chances in dispute resolution agreements
Re Venture Capital Group Pty Ltd (No 2) [2015] VSC 319 >>

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

Australian and New Zealand news

Prominent arbitrator and adviser in domain name disputes
The Hon. Neil Brown QC shares the insights and experiences from his distinguished career during an interview for University of Wollongong >> 

ADRAC members announced
mediationworld.net: The Australian Dispute Resolution Advisory Council (ADRAC) has been officially re-birthed from its original policy group (NADRAC). Congratulations to LEADR & IAMA members for becoming members of ADRAC: Jeremy Gormly (Chair), Andrew Bickerdike, Alysoun Boyle, Margaret Halsmith, Kathy Douglas, Debbie Hastings, Shirli Kirschner, Craig Pudig, and former LEADR Fellow Tom Howe >>

New ADR Registrar appointed in QLD Planning and Environment Court
lexology.com: McInnes Wilson Lawyers predict that new Registrar, Steve Adams will build on John Taylor's positive contribution to DR proceedings and take the process into a new era >> 

NZ Ministry of Justice consulting about family violence laws 

justice.govt.nz: Consultation is open until 18 September. A discussion document is on the Ministry’s website >>

Recent developments in Australian international commercial arbitration
mondaq.com: Corrs Chambers Wentworth’s chapter in the 2015 International Arbitration Review (6th ed.) examines the investor-state dispute landscape in the Australian context >>  

NZ retirement villages to benefit from investigation into dispute resolution  

stuff.co.nz:  Identifying some current issues in the 'disputes panel system', a report produced for the Retirement Commission aims to produce 'user-friendly' processes and alternative options >>  

Are our expert determinations actually final and binding?
cpb.com: Some recent Court rulings reveal that expert determination clauses are only effective if drafted with care and foresight >>

International news

KARNATAKA: Legal fraternity urged to embrace ADR methods
thehindu.com: Reflecting on the need to update India’s inherited legal system, Justice Kumar of Karnataka High Court recently pointed to ADR as remedial solution >> 

ZAMBIA: Chief Justice supports re-launch of court-annexed mediation
dailymail.co.zm: Concerned about backlog of disputes, Lusaka Chief Justice, Irene Mambilima has called on legal practitioners to change their perceptions of ADR >> ​

GLOBAL: Latest statistics indicate parties’ preferences in international arbitration
globalarbitrationnews.com: Updating arbitral rules and introducing emergency arbitrators are just some of the emerging trends used by institutions to gain a ‘competitive edge’ in the global market >>

UK: Rise in divorce cases signals strong need for mediation 
lawgazette.co.uk: Cutting legal aid in an effort to divert people away from the Courts has opened up demand for dispute resolution specialists >>

CANADA: Arbitration clauses vulnerable to strategic litigation
lexology.com: According to Robert Wisner of McMillan LLP, the Court’s recent enforcement refusal in a shareholder dispute will most likely lead to costly uncertainty >>

Articles and resources

Navigating the fundamentals of blame in mediation 
adrtimes.com: Outlining the parameters of Fundamental Attribution Error (FAE), Zachary Ulrich of Pepperdine University's Institute for Dispute Resolution, asserts that the ‘facts’ are just as important as each party's perception of them >> ​

Addressing faith based beliefs in family mediation

This article is republished with the kind permission of author Nigel Dunlop and the Family Advocate – the article was first published in the Family Advocate Volume 16 Issue 4 >>   

Identities, laws and lives – the interplay of diversity in DR 
adrresearch.com: Dr Susan Armstrong points to Australia’s need to critically examine the practices of faith based and cultural communities in resolving disputes >>

Is Med-Arb really the best of both worlds? 
mediate.com: Discussing the ethical dilemmas of a hybrid process, experienced mediator, Mark Baril reminds us that it is the practitioner's onus to fit the right process with the right conflict >>

Appointing Dispute Adjudication Boards (DABs) - a different ball game?  
mondaq.com: As a mandatory prerequisite to arbitration, Lindy Patterson of the Dispute Resolution Board Foundation, identifies some of the issues in enforcing the establishment of DABs >>

Mediation as potential safeguard for international arbitration
kluwerarbitrationblog: Daniel Waldek of Herbert Smith Freehills posits Arb-Med-Arb as an essential step toward maintaining the future of international dispute resolution >> 

Mediation embodies society's holistic 'win-win' movement    
adrtimes.com: Positing litigation as a ‘gladiator-like showdown’, Mikita Weaver, Editor-in-Chief of ADR Times, suggests that mediation aligns far closer with our cultural shift toward individual acknowledgment >>

Why arbitrators need a pair of 'big boy (or girl) pants’
arbitrate.com: Experienced ADR practitioner, Brian Jerome muses that ‘not being able to make everyone happy’ does not necessarily make arbitration bad for business >>

Interpreting 'conflict speak' with transformative theory 
adrtimes.com: Transformative mediators suggest that some of the typical things said when parties are in a destructive cycle can actually help keep you present >>

Survey reveals evolving perspectives of commercial arbitration  
kluwerarbitrationblog.com: Thomas Stipanowich of Pepperdine University, suggests that the collective experiences of arbitrators could be used to assuage commonly voiced concerns about arbitration >>

A look at what's new and what's next for international commercial arbitration in Australia
papers.ssrn.com: Professor Luke Nottage of University of Sydney and presenter at 'kon gres, discusses Australia's need for distinctive expertise in this complex and evolving field of law and practice >> 

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 >> 

What's on

LEADR & IAMA events

NSW Training event: Applying neurobiology to negotiation and mediation >> 
Sydney, 16 Sept

Wellington networking event: Working with high conflict behaviours >> 
Wellington, 17 Sept

NSW Chapter event: An international ADR perspective for a peace'able' world >> 
Sydney, 30 Sept

Multiple location events

Developing an effective intake process (1 day skill extender) >>

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

CINERGY™ 4 day conflict coaching >> 

Other CPD & training

It's all about relationships workshop >>
Townsville, 4 Sept
Melbourne, 11 Sept

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

How anger changes your thinking >>
with Nicola Hartfield
Sydney, 15 Sept

Engagement is easy when people are nice >>
with Nicola Hartfield
Sydney, 16 Sept

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


Religion, Culture and Legal Pluralism symposium >>
Sydney, 14-15 Sept

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

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

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

7th Asia Pacific Mediation Forum Conference  >>
Sponsored by LEADR & IAMA 
Lombok, 10-12 Feb 2016

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