Food For Thought – Why mediators should use BATNAs carefully 

Why mediators should use BATNAs carefully  The concept of Best Alternative To a Negotiated Agreement, or BATNA, is immensely useful in meditation. A coined termed by Roger Fisher and William Ury in the widely publicised book ‘Getting to Yes’, BATNA is the most advantageous alternative course of action that a party can take if negotiations fail to reach an agreement. Mediators often ask BATNAs to better gauge each parties’ zone of agreement. This term is widely adopted and used by [...]

Reflection – ADR in Business

The Australian Disputes Centre is exposed to a wide range of conflicts. Although largely associated with the legal process, Alternative Dispute Resolution (“ADR”) deals closely with the commercial sphere both as an external avenue for conflict resolution, and as an internal approach to negotiations. As a third year commerce student, I seek to approach ADR from a commercial perspective/background and can thus apply my learning here to my university work. Through my internship at the Centre I have gained valuable [...]

Reflection: The Mediation Process

At a first glance, the mediation process appeared to a third year law student as an informal and unstructured “quick-fix” to reach a compromise in legal disputes where the rigidity of the court procedure is unable to provide a tangible (or affordable resolution). However, a day of role-playing and brainstorming around the alternative avenues of resolving conflict offered by the mediation process swiftly dissolved this simplistic interpretation. Instead, as a student half-way through her law degree at UNSW, I was [...]

Remembering David Newton

  To those that knew David professionally, he was a quiet achiever who genuinely and wholeheartedly believed in the mediation process. He was happy to simply focus on doing quality work. He was considered and detailed, and he showed himself to be highly competent in addressing complex legal issues and in designing creative dispute resolution processes. He had the respect of his colleagues both in Australia and across the globe. David was one of Australia’s pioneer commercial mediators. In 1986 [...]

Australian ADR Benefit Ball – Sydney

Guests at the ADR Benefit Ball celebrated the contribution of Sir Laurence Street to the development of ADR in Australia and the Asia-Pacific. As the Hon. Justice Terry Sheahan noted by video on the evening, Sir Laurence was instrumental in establishing ADC (formally the Australian Commercial Disputes Centre) as the first independent ADR organisation in Australia and we proudly honored his contribution with a special music tribute.    

Stephen Wright speaks about ADC’s ATSI Scholarship Program

It was my pleasure in May 2014 to participate in the launch of the ADC’s ATSI scholarship program and to have been invited to recommend Aboriginal people from with the Aboriginal Land Council network in NSW to participate in the program. To date eight Aboriginal Land Council representatives have undertaken or are undertaking mediation training with the ADC through the ATSI scholarship program. All those who have participated have expressed the revelation, common to all who engage with the power of mediation and other forms [...]

International Arbitration Charity Ball – London

International law firms, arbitrators and guests from across London city and the globe stepped out in masked style on 8 September 2016 for the bi-annual International Arbitration Charity Ball. A major event on the City’s legal calendar, the Ball has become an important fund-raiser for Save the Children and a must-be-there networking event for the international arbitration community.  

Insights on China – Australia trade issues

China is Australia's largest trading partner, buying AUD$90 billion of Australian exports in 2014-15. Given the significance of the Chinese market and the increase in China-Australia transactions, it is essential to be aware of ways to mitigate risk in your China-related transactions and more importantly, what to do in the event of a dispute. Edwina Kwan, Senior Associate, King & Wood Mallesons, offers valuable insights from her seven years spent on the ground as a commercial disputes lawyer in China. [...]

Chinese companies in Sydney focus on ADR

In conjunction with the China Council for the Promotion of International Trade (CCPIT), the Australian Centre for International Commercial Arbitration (ACICA) and law firm King & Wood Mallesons (KWM), ADC recently hosted an ADR seminar for Chinese connected companies and lawyers. This is the first seminar presented to the Chinese business community relating to alternative dispute resolution. Increased trade between Australia and China not only provides greater opportunities to both countries, increased trade necessarily means creates more disputes across borders. [...]

Upcoming Events

  • Online Mediation Training – May 2024
    • Days 1 - 3
       May 8, 2024 - May 10, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       May 13, 2024 - May 14, 2024
       9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2024! Become a…

  • Online - Conflict Resolution & ADR - May 2024
    • Conflict Resolution & ADR Training
       May 8, 2024
       9:30 am - 4:30 pm

    Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Online – May 2024
    • One day Mediation Refresher Training
       May 13, 2024
       9:30 am - 4:30 pm
    • One day Mediation Refresher Training
       May 14, 2024
       9:30 am - 4:30 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation/Conciliation Accreditation Day – May 2024
    •  May 15, 2024
       9:30 am - 4:30 pm

    Essential Accreditation for Mediators and Conciliators ADC Mediation/Conciliation Training participants (only), who are seeking formal recognition of their skills are eligible to enrol in ADC’s…

  • Online Mediation Training – June 2024
    • Days 1 - 3
       June 12, 2024 - June 14, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       June 17, 2024 - June 18, 2024
       9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2024! Become a…

  • Online - Conflict Resolution & ADR - June 2024
    • Conflict Resolution & ADR Training
       June 12, 2024
       9:30 am - 4:30 pm

    Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Online – June 2024
    • One day Mediation Refresher Training
       June 17, 2024
       9:30 am - 4:30 pm
    • One day Mediation Refresher Training
       June 18, 2024
       9:30 am - 4:30 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation/Conciliation Accreditation Day – June 2024
    •  June 19, 2024
       9:30 am - 4:30 pm

    Essential Accreditation for Mediators and Conciliators ADC Mediation/Conciliation Training participants (only), who are seeking formal recognition of their skills are eligible to enrol in ADC’s…

  • Mediating in the Headlights of Litigation and Arbitration - June 2024
    • 1 Day – Commercial Mediation Masterclass (Eligible for CPD Points)
       June 26, 2024 - June 27, 2024
       10:00 am
    • 3 Days – Advanced Commercial Mediation Accreditation (Eligible for CPD Points)
       June 26, 2024 - June 28, 2024
       10:00 am - 5:30 pm

     

  • Online Mediation Training – July 2024
    • Days 1 - 3
       July 10, 2024 - July 12, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       July 15, 2024 - July 16, 2024
       9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2024! Become a…

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