|
|
|
|
 The culture, practise and professionalism of Alternative Dispute Resolution has developed significantly in Australia over the past 30 years. Celebrating its 30th anniversary in 2016, the Australian Disputes Centre has proudly been at the forefront of this tremendous development.
Incorporated on 2 January 1986, Premier Neville Wran announced that the Centre would commence operations on 3 March 1986, providing an innovative approach to the settlement of costly and lengthy commercial legal disputes; thereby relieving the courts of work and over-coming delays. Guided by the steady hand of the then Attorney General, The Hon. Terry Sheahan and with the unfailing support of the Supreme Court Chief Justice Sir Laurence Street KCMG, the Centre started its work in delivering speedier, cheaper and less formal resolution of both domestic and international disputes by conciliation, mediation and arbitration.
We look forward to sharing highlights of ADC’s development, and its contribution to the processes and practice of ADR in Australia and internationally, throughout 2016 and to celebrating with you. Keep an eye out for dates and details of events.
In this Bulletin we highlight the dedication and expertise of the ADC team and its training faculty in delivering world-class ADR courses, seminars and workshops. We are proud to have many of Australia’s leading ADR practitioner-trainers on our faculty and, as part of ADC’s international outreach program, we will be training across the region in 2016, including Fiji and Thailand.
The international spotlight is here on Indonesia. During Sydney Arbitration Week in late 2015, ADC hosted a most informative Panel Discussion on Australian-Indonesian ADR issues and more recently I spoke at the Asia Pacific Mediation Forum in Lombok, Indonesia. Read highlights from both of these events in this Bulletin.
Shifting gears to more determinative ADR processes and spanning jurisdictions globally, our arbitration experts at Ashursts provide guidance on how to make hot-tubbing work for you and your clients. I also encourage mediator/facilitators to read this article and Google Peter Adler in Hawaii and his work on ‘Fact Finding’ and consensus building. It is perhaps worth considering the concept of hot-tubbing in the context of major community/policy facilitations?
With the NRL season commencing you can also read what Dally M Medallist, David Peachey, has to say about mediation. We are proud to continue the very important work of training leaders in the Aboriginal and Torres Strait Islander communities as mediators and we thank David for his enthusiastic participation on the program (and for winning the hearts and minds of our Year 10 debaters in an impromptu speech!). The program delivers great outcomes in a fun and vibrant training environment for everyone involved and we look forward to the ongoing support of our friends and colleagues for these vital grass-roots scholarships.
Deborah Lockhart, CEO
|
|
3 March 1986
Australian Milestone
The Australian Disputes Centre commences operations as ACDC.
|
|
The Hon. Sir Laurence Street, KCMG, AC
 Fourteenth Chief Justice of NSW
28 June 1974 - 1 November 1988
The Hon. (Terry) Terence Sheahan
Member for Burrinjuck, 1973–1988
NSW Attorney General,
12 December 1984 – 26 November 1987
|
|
Australian & International Milestone:
The Australia Act 1986 (Cth) and the Australia Act 1986 (UK).
With the simultaneous proclamation of the Australia Acts by the Australian and British Parliaments Australian law became independent of British parliament and courts. The Australia Acts mark the commencement of a completely home grown Australian Law tradition built upon the foundations of British common law.
|
|
Spotlight on Indonesia
Seventh Asia Pacific Mediation Forum: Synergizing Eastern and Western Constructs of Mediation towards Better Understanding
In a landmark effort to establish mediation in Indonesia, the seventh Asia Pacific Mediation Forum (APMF) Conference was held in Lombok, ‘Synergizing Eastern and Western Constructs of Mediation towards Better Understanding’, between 10-12 February 2016. Dr Dale Bagshaw, Professor at the University of South Australia and inaugural president of the APMF, oversaw the Conference.
Read more
|
|
Indonesia-Australia dispute resolution options: efficacy, operation and challenges
|
|
 Deborah Lockhart
Chief Executive Officer,
Australian Disputes Centre
|
 Katlyn Kraus
Attorney,
New York State Bar, and
Case Manager,
Australian Disputes Centre
|
|
Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin
Indonesia is the third largest democracy in the world and as the largest of the Association of Southeast Asian Nations (ASEAN), it is an increasingly significant economic and regional partner for Australia. Particularly important for both nations is the two-way trade of goods and services, which continues to rise each year. In 2014, that trade exceeded $15.6 billion. Austrade estimates that there are over 400 Australian companies operating in Indonesia and many more Australian companies have the potential to do so.
As with all commercial relationships, inevitably disputes arise and parties need to manage and resolve them in an appropriate and productive way. This is particularly important where there are long-term business relationships people wish to maintain. Issues that can arise in the context of cross-border commercial relationships include issues with enforcing foreign judgments, court interference in arbitral proceedings, cultural barriers, language barriers and various delay issues with enforcement proceedings.
At a recent Australian and Indonesian Business Leaders Forum held at the Australian Disputes Centre in Sydney, four leading lawyers and alternative dispute resolution (ADR) practitioners discussed the best approach to effective dispute resolution for Australian and Indonesian companies who would like to do business together. This article presents a collation of their insights drawn from significant professional experience and research in cross-border matters, with a particular focus on under- standing the Indonesian ADR landscape.
Read more»
|
|
ADR Training and Seminars 2016
National & International
Don’t miss ADC’s Flagship Mediation Training, Conflict Resolution Courses, Seminars & Workshops See for further details
Mediation Training Opportunities
Don’t miss ADC’s next Mediation Training at a centre near you:
Sydney, 4 April – 8 April
Brisbane, 18 April – 22 April
Perth, 27, 28, 29 April – 2, 3 May
Alice Springs, 4 May – 10 May
Sydney, 16 May – 20 May
Suva, Fiji, 25, 26, 27 May – 30, 31 May
Darwin, 15, 16, 17 June – 21, 22 June
Sydney, 20 June – 24 June
Canberra, 27 June – 1 July
Melbourne, 29 August – 1, 2 September
For more dates, information and booking Click here!
Conflict Resolution Skills Training is now conducted across Australia and includes:
Sydney, 11 April
Brisbane, 20 April
Alice Springs, 11 May
Sydney, 23 May
Why Train for Conflict?
Staff contention. Client disagreement. Corporate relationship management.
To succeed in a rapidly diversifying economy, it is imperative to be able to manage the relationships around us. How much work could you effectively complete in a day if you weren’t struggling to stay afloat solving internal and external disputes, but instead making the most of the relationships you have?
There are fewer skill sets that will serve you more broadly than dispute management across the length of your career. The ADC offers a practical skill set you can apply to a huge array of situations to reduce the impact of conflict on your staff, your clients and your organisation at large. One day is all you need to learn the foundation of conflict resolution skills, and you’ll be receiving both theory and hands on experience.
At the end of the one day course, you’ll be able to:
- Identify causes of conflict so you can minimise them.
- Identify the levels of conflict.
- Apply active listening, paraphrasing and assertive behavioural techniques.
- Convert one of your opponents into a problem solving partner.
- Develop strategic approaches to finding early resolution.
- Develop skills to mange and reduce conflict.
Book Here Now!
|
|
Legal Update
Hot Tubbing in International Arbitration
Finding a path through the maze of expert evidence
Georgia Quick (Partner), Harriet Lenigas (Senior Associate)
and Camilla Wayland (Expertise Counsel)
What you need to know
- Concurrent evidence has a long history in international arbitration. While it has some drawbacks, it has also been viewed as a success in the Australia courts and, partly on the back of that success, has been adopted in courts in the United Kingdom, Singapore and Canada.
- The advantages of concurrent evidence apply equally whether the dispute is resolved by a court or by arbitration, however, in international arbitrations, parties from different jurisdictions may be reluctant to adopt the procedure due to unfamiliarity with how it works and the benefits of the procedure.
- In this article, we discuss the growing acceptance of concurrent evidence globally both in courts and in arbitrations, why it is seen as an efficient method of examining expert witnesses despite having some drawbacks, and we give some tips on how to approach the preparation of expert evidence if the experts will be examined concurrently.
Read Full Article»
|
|
ADC Corporate Social Responsibility
David Peachey discusses his experience on ADC’s Aboriginal and Torres Strait Islander Mediation Training Scholarship program.
Read the interview»
David Peachey, former NRL player and mediator
|
|
|
World-class venue for mediations, arbitrations, hearings and seminars.
ADC provides you with a custom-built, neutral ADR venue in the heart of the Sydney CBD.
Please contact us to discuss your needs.
|
|
|
|
|
|
|
