By Courtney Petherick Facemasks have been actively promoted as an effective preventative measure against COVID-19. They are variously encouraged or mandated in many indoor settings where social distancing is not possible, and this is unlikely to change any time soon. Accordingly, dispute resolution specialists, as experts in communication, are needing to adapt to the impact of facemasks. For most of us communicating with facemasks is more difficult than with no masks. We know that facemasks can muffle speech (Vrij [...]

Introduction Mediation is on the rise in the Pacific. However, there is a distinct lack of research tracking its development. This article explores the current state of mediation in various Pacific nations based on conversations with mediators and professionals in the area. In doing so, this will provide a roadmap of how mediation has developed in the Pacific and an opportunity for engagement with other approaches to mediation and building meditative capacity. Samoa Samoa has a relatively well-developed mediation [...]

Differing from the adversarial court system which is often quite intimidating, I find that the flexible and informal nature of ADR makes it a much more attractive avenue to take. The way in which it seeks to find solutions that are catered towards individual party needs allows parties to have more control over the process and outcome of their dispute.  In terms of the highlights while interning at ADC/ACICA, interning at the ADC/ACICA gave me the opportunity to not [...]

By Ying Xia   On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a [...]

by Saiesh Kamath 1. Introduction There are various ways of resolving disputes depending on the nature of the dispute, the stage it is in, and the inclination of the parties towards the resolution of the dispute. Some stages of disputes are more amenable to amicable dispute resolution methods like negotiation, mediation, and conciliation, while more advanced disputes may require arbitration. As Frank Sander and Stephen Goldberg have said, “fitting the forum to the fuss” is necessary.[1] This is the [...]

by Karan Kalsi While small relative to international standards, New Zealand's mediation industry has long punched above its weight. This article briefly covers two contemporary trends in the industry. The first is the increased mandating of alternative dispute resolution in industry-specific statute law. The second is the push for “true” cross-cultural competency in both a bicultural and increasingly multicultural context. Brief Context: New Zealand as the “Odd Duckling”  Unlike Australia, the United Kingdom or the United States, New Zealand [...]

Australia’s Alternative Dispute Resolution (ADR) professional community are global pioneers of ADR. The ADR Awards recognise both individual and team excellence and commitment to innovation in the field. Following the cues from previous years’ Shades of Blue and Back to Black, Chic, the 6th Annual ADR Awards held on Thursday, 31 March 2022 went Emerald on the Green, returning live to the stunning venue at the prestigious Australian Golf Club. The venue buzzed with life even before the event proper, with laughter and conversation through the cocktail [...]

As we gear up for 2022’s ADC-ICC Asia-Pacific Commercial Mediation Competition (APCMC), we are thrilled to see APCMC 2021 teams do so well in the recent 17th International Commercial Mediation Competition, online from Paris. Not for the first time has the University of Auckland taken home the title of reigning champion from Paris. Congratulations Auckland! It is another brilliant achievement from a stellar team.  ADC congratulates Paris grand finalist, the University of Sao Paulo, Brazil, and semi-finalist teams, the University of New South Wales and Pontifical Catholic University of [...]

2022 marks a milestone for ADC. After 12 years at 1 Castlereagh Street, we are making a strategic shift away from room hire and is relocating to new premises. ADC is excited by the opportunities that this development will bring. Over the past 36 years ADC has been at the forefront of Alternative Dispute Resolution (ADR) in Australia. It has helped promote the uptake and best practice of ADR, and Australia’s ADR expertise internationally. ADC has developed into a [...]

Christelle Santos ADC, Dispute Resolution Associate Drafting a dispute resolution clause for your contract needs careful attention. Getting it right is important to ensure that when activated, the dispute resolution process runs smoothly for the benefit of the contracting parties. The clause needs to be drafted so as not to produce any doubt on the dispute resolution process to be used or become unenforceable due to inconsistencies.  As highlighted by Donna Ross in her article “Beware the Champagne Clause: When the Effervescence [...]