Accountability in Mediations and Arbitrations

by The Hon John Sackar AM KC* I begin as is customary by acknowledging the Gadigal People of the Eora Nation as the traditional owners of this land. I thank the Australian Disputes Centre for their very kind invitation to deliver the 2025 ADR Address. I also thank Acting Chief Justice Ward for hosting this event tonight in the Banco Court. The parallel universes of Litigation, Mediation and Arbitration share similar objectives. Each is called a [...]

The 3 Cs of Strong ADR Clauses: Keeping Disputes from Bubbling Over

Gurmehar Kaur By Gurmehar Kaur All too often, dispute resolution clauses are treated as an afterthought—‘boilerplate’ or ‘standard’ language lifted from another contract and inserted into the dealings with little debate or scrutiny [1]. But like a hastily popped bottle of champagne, a poorly drafted dispute resolution clause can leave parties with a legal mess—spilling over into uncertainty, delay, and costly litigation over the very process meant to avoid court in the first place. ‘Champagne clauses’, or [...]

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