ADC Bulletin – Issue 2 – September 2015

Greetings from the CEO

Welcome to our Spring edition of the ADC Bulletin. In this edition we highlight Workplace Conflict and how mediation training and conflict resolution training can best support individuals and organisations when issues arise.

Over the coming months we are pleased to bring you our Conflict Skills Courses in Sydney and our flagship Mediation Training Course in States and Territories around Australia and Fiji.

This week we bring our second successful year of ADC’s Schools Invitational Debating Competition to its Grand Final. It is terrific to see all schools represented across the two finalist teams and we wish them all well in competing for the ADC Debating Cup! If you are in Sydney and would like to join us for the Grand Final please RVSP on 02 9239 0700. (Pictured: Deborah Lockhart CEO)

Workplace Conflict

ADC has been at the forefront of Australian workplace conflict resolution for nearly 30 years through appointment of mediators, mediation training and organisational skills development.

Evening Seminar: Workplace Mediation

At its evening seminar in June, ADC brought together four of Sydney’s leading Workplace Mediators. Val Sinclair, Catherine Davidson and Bianca Keys shared their significant expertise in a highly interactive panel discussion. Master of Ceremony Max Kimber SC led the panel in a stimulating discussion on the challenges, successes and trends in workplace mediation. Insightful questions from the audience provided for a great evening of discussion and learning.

Is workplace conflict more prevalent and how is it best managed?

In the first of its new Bulletin series on workplace issues, Keith Welsh speaks with Salli Browning about workplace dispute resolution. Read more»

Upcoming Workplace Training Opportunities

Are you a people manager, HR professional, corporate counsel or ADR professional seeking to up-skill in workplace conflict resolution?

Workplace Mediation Training Program; Train as a specialist mediator. In collaboration with Mediation Workplace Pathways, ADC is running a uniquely tailored 5 day mediation training course. Book Now!

Managing Workplace Conflict – Two ½ day modules on 27 October 2015; ADC brings back its specialist Workplace Panel to guide you through the legal and practical issues involved in resolving workplace conflict and how to successfully reach the best outcomes. Book Now!

What’s happening in Perth?

Evening Seminar Series

On 26 August 2015, Sarah Blake brought her immense experience, skills and critical thinking in discussing how one approaches Mediating the Space Between and how one can negotiate legitimacy for cross-cultural mediations in Australia. One of the most significant challenges faced by Australian mediators is the delivery of mediation in a way that respects the rich complexities and culture of Indigenous Australians who seek ‘contemporary’ mediation as a means to assist them in negotiating agreements and resolution of conflict. Through the lens of her significant experience in mediating the space between cultures, Sarah highlighted the importance of recognising the Jurisdictional Convergence as mediation practitioners are challenged to recognise the complexities of the conflict context.

The Annual AMTAC Address

Wednesday, 16 September 2015
Perth is hosting the Annual AMATC Address in 2015. A view from the crow’s nest: maritime arbitrations, maritime cases and the common law Speaker: Dr Kate Lewins, Associate Professor, School of Law, Murdoch University. For further details and to register click here.

ACICA Conference

Friday 19 November 2015
Arbitration continues to be the preferred method for the resolution of cross-border disputes in a diverse range of sectors, not least the energy and resources and commercial sectors. With a modern arbitration act, based on the Model Law, and a supportive judiciary, Australia, and Perth in particular, are well placed to be an attractive venue for international commercial arbitrations. Alex Baykitch President, ACICA for the full program and to register click here.

Mediation Training, Refresher Days and Accreditation

30 November – 4 December 2015
We are delighted to bring ADC’s flagship mediation training program back to Perth in November/December. ADC’s training commitment is to ensure that through its dynamic design and its leading trainers and coaches, the ADC mediation training course remains at the forefront of mediation skills development throughout Australia and internationally. Join us in Perth for a solid week of learning new skills and developing great relationships in a strong teaching environment. Book Now!

Latest News from Sydney

Mediator Professional Development Series

Mediator Business Development

On 3 September 2015, Andrew Moffat enthralled the audience at ADC with insights into how to establish a successful mediation business and make it your day job (and a more profitable day job)! For those seeking to build their mediation practice this was a not-to-be-missed seminar on ADC’s Mediator Professional Development calendar. Building on his 2014 presentation, Andrew highlighted the need to be clear about what you are selling, how one goes about selling yourself and how to create and maintain your credibility – so essential to mediator business success. If you missed the session and would like to find out what was said, please contact us. For more Seminars, Skills-Workshops and Networking Opportunities please visit the ADC website.

Managing Supporters in Mediation

Breakfast Skills Workshop – Book Now!
Val Sinclair –17 September

Learn when to involve other parties in the mediation process, how to make their involvement productive and what procedural aspects you need to be alert to.

Upcoming Conflict Skills Courses – Book Now!

Conflict Resolution – Sydney 21 September, 26 October & 7 December
Complaints Handling – Sydney 22 September, 27 October & 8 December
Facilitating Difficult Discussions – Sydney 23 September, 28 October & 9 December

Upcoming Mediation Training Courses – Book Now!

Workplace Mediation Training – Sydney 23-25, 28-29 September
Mediation training – Adelaide 12-16 October
Mediation training – Sydney 19 – 23 October
Mediation training – Brisbane 26 – 30 October
Mediation training – Fiji 26 – 30 October
Mediation training – Canberra 9-13 November
Mediation training – Darwin 16 – 20 November
Mediation training – Sydney 23 – 27 November
Mediation training – Perth 30 November – 5 December

Sydney Arbitration Week

Sydney comes to life again in November with a whirlwind of international arbitration events. 23–27 November 2015

ADC Indonesian-Australian Business Forum.
ADC’s focus on cross-border issues continues - join us for breakfast and an interactive panel discussion on the resolution of disputes arising under contracts between Indonesian and Australian companies. 25 November.
Book Now!

ADC is in the heart of Sydney Arbitration Week with other events at the Centre including:

The eagerly awaited Launch of ACICA’s Arbitration Rules.

AFIA and Sydney University bring back their ever popular Symposium.

Join the Chartered Institute of Arbitrators (Australia) for their penultimate week of Centenary celebrations - Read more: CIArb Centenary celebrations.

View the full Calendar of events for Sydney Arbitration Week: Calendar of Events

ADC Corporate Social Responsibility

The Great Debate Continues

ADC’s Schools Invitational Debating Competition is in full swing for its second successful year. Read More»

Needing a central venue for your mediations and arbitrations?

We can accommodate your needs: ADC provides parties with a neutral and central venue with plenty of natural light and easy room flow. Our custom designed dispute resolution facility is in the heart of Sydney’s legal & financial district. We make your mediation or arbitration arrangements easy. Please contact us to discuss your needs.

Legal Update

Disguised factual challenges given short shrift:
State Supreme Courts defend arbitral awards

WHAT YOU NEED TO KNOW:

There are limited grounds on which an international or domestic award can be refused recognition or enforcement. Commonly argued grounds include denial of natural justice in connection with the making of the award, and that enforcement of the award would be contrary to public policy.
Courts will not refuse enforcement on the basis of challenges to factual findings in an award which are disguised as complaints about violations of procedural fairness or natural justice.
Courts will be loath to set aside an award or refuse enforcement unless there is a demonstrated "real unfairness or real practical injustice".

Lorraine Hui, Georgia Quick and Thomas Gaffney

Read more»

Recent International Commercial Arbitration and
Investor-State Arbitration Developments Impacting on Australia's Investments in the Resources Sector

by Luke Nottage, Simon Butt

Read Full Article»