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CONTENTS:
Word from the CEO
Thought Leadership
Australia-Africa ADR
Dates for Your Diary
International Focus
Legal Updates
Venue Hire
Word from the CEO
As a thought leader, ADC is committed to advancing the understanding and uptake of ADR processes. ADC’s Supreme Court Addresses and its Innovate, Mediate & Thrive symposium series, have contributed much to the body of knowledge on ADR in 2018.
Presented at their respective Supreme Courts, Chief Justices Martin, Bathurst and Kourakis have each shared their valuable insights into the development and current challenges of contemporary ADR.
In this edition of the ADC Bulletin we are pleased to share with you Bathurst CJ’s NSW Address. For those who may have missed our April Bulletin, we have also included Martin CJ’s Address from WA. Kourakis CJ’s recent ADR Address in South Australia will be published in our next edition of the ADC Bulletin.
I am regularly asked, what does ADC do that makes it different in the not-for-profit sector? I see several differentiators.
ADC is unique as an Australian non-membership, independent, not-for-profit company; combining institutional gravitas with innovation to advance the uptake of ADR processes nationally, and Australia’s ADR expertise internationally.
Recognised for its public and in-house professional development programmes, ADC continues to develop its leadership role in ADR teaching; delivering new solutions to meet business, practitioner and community needs.
ADC is relied on for its efficient appointment of qualified ADR professionals from a prestigious panel of mediators, arbitrators and experts.
In helping businesses and government better manage their commercial risk,
ADC also offers free and effective Dispute Resolution Clauses for commercial contracts.
Committed to supporting all sectors of society, ADC’s Corporate Social Responsibility program contributes much to assisting Aboriginal and Torres Strait Islanders develop their conflict capability and mediation skills through its training programs and scholarships. ADC is also committed to assisting young people find their voice and develop strong peer networks through its annual Schools Invitational Debating Program.
In an Australia-first, ADC’s custom-built ADR Centre provides clients with exceptional facilities and a neutral venue in the heart of Sydney’s CBD. ADC’s network also provides specialist venues in both Melbourne and Perth.
ADC continues to advance its objectives in a multitude of ways; promoting confidence in the certainty, expediency and cost effectiveness of dispute resolution that is so essential for efficient trade, profitable business, community harmony and access to justice.
Thank you for your ongoing support for this vital work. I hope that you enjoy this Bulletin.
Deborah Lockhart, CEO
ADR Addresses - Supreme Courts 2018
The Australian Disputes Centre is honoured to collaborate with the Supreme Courts of Western Australia, New South Wales and South Australia in presenting the first Supreme Court ADR Addresses in 2018. We thank the Chief Justices for their time and support for this joint initiative and for their thought leadership in presenting this year’s ADR Addresses.
Our thanks also goes to EPIQ for their generous sponsorship for these events.
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ADR Address Supreme Court of Western Australia
Alternative Dispute Resolution - a Misnomer?
The Hon. Wayne Martin AC QC
Recently retired as Chief Justice, The Hon. Wayne Martin, presented the inaugural ADR Address at the Supreme Court of Western Australian in March 2018.
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ADR Address Supreme Court of NSW
ADR, ODR and AI-DR, or do we even need courts anymore?
The Hon. Chief Justice Tom Bathurst AC
Bathurst CJ addresses the question of what the future holds for ADR and the courts. Referring to societal changes, His Honour discusses the influence of technology in the resolution of disputes inside and outside of the Court and explores the thorny topic of artificial intelligence and dispute resolution.
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Innovate, Mediate and Thrive!
ADC in the Northern Territory
ADC’s Patron, The Hon. Robert French AC, addressed a large Darwin audience on ADR processes on 18 September, as part of the Australian Disputes Centre’s symposium series in 2018. Capturing attendees with his insightful and broad ranging comments, under the title ‘Mediation, the new wave front’, Mr French contextualised the role of the courts in relation to ADR, focussing on several new international initiatives that have the potential to create waves of change in international curial decision making and facilitated negotiations.
With respectful decision-making and self-determinative dispute resolution processes increasingly ensuring that commerce and communities continue to thrive in the NT Deborah Lockhart also introduced attendees to ADC’s new First Nations Panel.
Our thanks to William Forster Chambers and President of the Northern Territory Bar Association, Miles Crawley SC, for their generous support in hosting this event.
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Australia Arbitration Week 2018, Melbourne
Australia-Africa Entente Cordiale
Two continents worlds apart, yet closer than ever before. The Australian Disputes Centre, in collaboration with the Australia Africa Business Council, held a reception in Melbourne during Australia Arbitration Week 2018. This convivial event explored the potential for collaboration of the two continents and the impact both arbitration and mediation can have in encouraging the development of business relationships. H.E. Isaiya Kabira, High Commissioner for the Republic of Kenya spoke persuasively on the potential benefits for both actors and the importance of learning from each other.
Donna Ross, H.E High Commissioner for Kenya, The Hon. Wayne Martin AC QC, Deborah Lockhart.
Sydney Seminar
Monday, 3 December
The Art of Advocacy: choosing the right
vintage for the occasion
Ian Davidson, SC and Deborah Lockhart
Advocacy is an art in communication through persuasion. As in curial settings, sound and effective advocacy is of paramount importance in other dispute resolution processes.
Ian Davidson, SC and Deborah Lockhart share their significant experience with practitioners in this seminar on advocacy and mediation. The session includes a short review of judicial and academic commentary on the topic, the sharing of practical experiences from the perspectives of the advocate, the client and the dispute resolution institution and suggests 10 Commandments of Advocacy in Mediation.
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Australian ADR Awards 2019
We encourage all ADR practitioners and dispute resolution groups to start thinking about your nominations for the ADR Awards in 2019.
New to the Australian ADR Awards? Considering re-nominating? We urge everyone to get involved and celebrate the tremendous ADR work being undertaken across all sectors in Australia.
Nominations Open: 1 May 2019
Australian ADR Awards Gala Dinner: 9 Aug 2019
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Looking for National or
International Conferences?
Find lists and links on the ADC website HERE »
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Develop Conflict
Resolution Capability
Effectively resolving conflict is essential for business, personal and community success. Make a difference to your organisation, career and community with one of ADC’s acclaimed Conflict Resolution & ADR courses:
India’s Path to Mediation
With the current ratio of less than 18 judges per one million people, this paper reflects on the way justice is administered in the world’s second most populated country and explores the crucial role ADR plays in India’s legal system.
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The Court of Arbitration for Art Launched
On 6 June 2018, the first Court of Arbitration for Art (‘CAfA’) was officially launched in The Hague. The Court responding to the specific needs of art-related disputes when determining issues such as authenticity or copyright.
Read more»
Case Notes
- An arbitrator’s misinterpretation of a contractual clause does not give the courts jurisdiction.
- The debate continues regarding the broad interpretation of arbitration agreements.
- The English courts discuss arbitrators’ duty of disclosure and impartiality.
- In the USA, employees may be prevented from class action by employers implementing individual arbitration clauses. Read more»
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Booking Mediations, Arbitrations, Meetings?
We encourage you to secure your dates early at ADC.
t: 61 2 9239 0700 e: info@disputescentre.com.au
Some of the great reasons for booking rooms at ADC:
- Custom designed ADR rooms
- Central CBD location – just a block to Wynyard and to Martin Place
- Plenty of natural light
- Spacious, central hub
- Excellent room flow
- Complimentary WiFi, expresso coffee, tea & snacks
- Weekends and extended hours easy to arrange
- Friendly, professional staff
- ADC is a not-for-profit – your use of the rooms supports the organisation in its objectives for advancing ADR
Australian Disputes Centre
Level 16, 1 Castlereagh Street, Sydney NSW 2000
P: 61 2 9239 0700 F: 61 2 9223 7053
E: info@disputescentre.com.au