Australian Disputes Centre - keeping you updated on News & Events
|
|
|
Conflict Capability Programme
|
• Cascading dispute resolution clauses
|
• Case Note – Guoao Holding v Xue
|
• Functus officio and bifurcated arbitration
|
• Urgent Relief Exception
|
• Law Council of Australia
|
|
The ADC team is buzzing. We have the 7th Annual Australian ADR Awards Gala Dinner fast approaching. We are excited to welcome you on 31 March 2023 for the Awards night themed “Portrait in Pink”. It will be a magnificent night in celebration of the exceptional work of Australia’s dispute resolution practitioners. If you have not booked your tickets, this is your last chance to purchase them before ticket sales close.
Looking forward to our next generation of ADR excellence, we are delighted to invite you to join professional colleagues in cultivating upcoming talent by volunteering as a judge or mediator in the 7th Annual ADC-ICC Asia-Pacific Commercial Mediation Competition. We also have a call-out to University Teams to compete. If you are an academic or undergraduate, please check out the details of this brilliant learning opportunity.
A reminder that ADC’s flagship mediation training and accreditation programme dates are available on our website and in this Bulletin. Flexibility is key for ADC. Maybe you are hoping to complete your mediation training with ADC, but are struggling to clear your work diary?
|
|
ADC has an upcoming ‘Weekend Edition’ starting 20 May 2023. We are also back with our ‘Top End’ programme. This year with a hybrid model for truly fabulous flexibility. If you have been looking to book a course, these are great opportunities and you can still reserve a slot at the Early Bird price.
For many decades ADC has been an industry leader in the field of mediation. ADC’s Fast Track Mediation processes are the next gen step in accessing timely, cost-effective and private dispute resolution. I encourage you to consider ADC Fast Track to resolve a current dispute.
My other favourite area of conflict and disputes management is pre-empting it! Or at least de-escalating matters. Most often reserved for our In-House training, ADC’s legendary Conflict Capability programme is now on the public calendar for 2023. Check out the programme to suit you or your team.
There is more happening in 2023. In its Thought Leadership programme, ADC has reinvigorated its collaboration with several major international law firms. We are excited to share with you their thought provoking and topical articles in this Bulletin.
I invite you to peruse the ADR events, opportunity, and resources the ADC Bulletin brings you this month.
Warm Regards, Deborah
|
|
|
31 March 2023 – Buy your tickets today!
|
Join Australia’s dispute resolution industry on Friday 31st March to celebrate the ADR Awards 2023.
Bring your loved ones and colleagues to enjoy a night filled with entertainment, networking, fine wine, and delicious food at the new Sydney Modern Project of the Art Gallery of NSW. With stunning views and an atmosphere that is sure to impress, this is an opportunity to create memories that will last a lifetime.
So don't delay, secure your tickets this week and join us in celebrating excellence in dispute resolution. We can't wait to see you there!
|
|
|
Choose your course and upskill on ADC’s conflict capability programme
|
How to start making a difference:
|
|
|
Do you handle complaints or deal with difficult clients?
|
Managing complaints effectively is essential for the success of any size business, government entity or not-for-profit organisation. This course teaches participants how to better deal with difficult clients, understand service recovery strategies and build customer loyalty by turning a potentially negative situation into a positive experience.
Places are limited. Please register today HERE »
|
Conflict Resolution and ADR
|
Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began!
|
ADC’s highly interactive and engaging 1-day course gives you the practical skills and strategies to minimise the negative effects of conflict and strengthen your relationships, by better managing conflict situations and limiting the impact of conflict at work, and at home.
Places are limited. Please register today HERE »
|
|
Facilitating Difficult Discussions
|
Have you ever searched for what to say and how to say it?
|
This course is designed for anyone seeking to approach and conduct difficult discussions with greater skill and confidence. Learn why we avoid difficult discussions, how our personal experiences and communication style impacts on others and how to apply a range of practical communication skills and conflict resolution strategies.
Places are limited. Please register today HERE »
|
Bullying and Harassment Prevention
|
How do you develop skills to prevent and manage bullying and harassment?
|
Despite Australia’s leadership in anti-bullying and harassment legislation, practice continues to lag policy in terms of real-world outcomes. Bullying and harassment remains a real issue in the workplace. ADC can help you address individual and organisational needs for preventing workplace bullying and harassment.
Places are limited. Please register today HERE »
|
|
|
"This was an extremely professional and educative experience. I've gained a highly valuable skill and couldn't recommend the course more highly." – Peter
|
"Absolutely brilliant learning experience. I was particularly impressed by the process of providing feedback on our performance from several experienced coaches. The real-time live assessment was extremely valuable." – Prasuna
|
|
Continuing Professional Development
Now is the time to gain essential skills and qualifications
|
ADC’s Flagship Mediation Training & Accreditation
|
Advance your skills and career with ADC’s flagship Mediation Course.
|
Learn how to conduct each step of the Mediation Process in line with Australian and International Standards, strengthen your interest-based negotiation skills and hone your online communication skills. ADC’s multidisciplinary course enables you to facilitate the resolution of disputes across a diverse range of business, cultural and social settings with the added advantages of:
- ADC’s prestigious ‘Mediator Accreditation’
- Eligibility for Australian National Mediator Accreditation
- International recognition by the Chartered Institute of Arbitrators (London) through their mediation stream
|
How are you tracking with your CPD points for NMAS? Summer is a great time to work with ADC’s leading coaches to polish your professional skills and add new tools to your mediator tool kit for 2023.
ADC has 6 Refresher Days for you to choose over the summer. Check the calendar below and book in your CPD points today!
|
|
|
Join us for Conflict Capabilities, Mediation and Accreditation, and Mediation Refresher Training:
|
|
|
ADC Fast-Track mediation is your cost-effective and efficient service for resolving disputes
|
Do you have a conflict to resolve now, and do you want a fast, easy, less expensive way to resolve it? The Australian Disputes Centre can help you. Fast-Track mediation focuses on a quick, inexpensive and confidential way to resolve issues in the workplace, at your sports club, with your bank, with your local council or with clients and service providers. It provides a private way to help identify a mutually beneficial resolution. See full details here»
|
|
|
Call out to Students and Professional Volunteers!
|
The Asia-Pacific Commercial Mediation Competition (APCMC) is off to a sensational start this year with enormous support from our new and returning partners as well as friends and supporting organisations!
Co-hosted by the Australian Disputes Centre and the International Chamber of Commerce (ADC-ICC) in partnership with the Good Business Foundation (GBF) and Confederation of Asia-Pacific Chambers of Commerce and Industry (CACCI), APCMC will be held online from 26-28 August 2023.
|
What to Expect at the APCMC?
|
Curious about what cross-border commercial mediation is like and passionate about ADR? Grab your friends and register a team in the APCMC! The competition will offer students an opportunity to participate in multiple commerce-oriented mock mediations against peers from leading Universities across the Asia-Pacific region. In addition, through our comprehensive training sessions, networking opportunities and talks from prominent international ADR academics and professionals, the experience is set to expand your negotiation skills, develop your cross-cultural constructive thinking, and spark your aspiration as a burgeoning ADR professional! Interested in joining? Register HERE.
To learn more about the competition and its rules, follow the link HERE.
|
Join us as a Professional Volunteer!
|
The APCMC committee is also seeking Professional Volunteers who can help with judging or mediating the competition rounds. If you are familiar with mock-mediation competitions (or would like to get involved), passionate about ADR and want to support young and rising talents who share the same ambition, we would love to hear from you! Simply follow this link to tell us about your experience and preferred role in the competition: Professional Volunteers.
|
|
|
|
Stay Current and Connected!
JOIN ADC's Book Club
|
The ADC Book Club features a reading list designed to deepen your dispute resolution knowledge and expertise. Stay current, add CPD points for your NMAS Accreditation and expand your professional connections in a relaxed online setting (from wherever you are!).
ADC Book Club is curated by ADC’s stellar training faculty and meets regularly.
The next Book Club session for 2023 is on Wednesday, 5 April 2023.
‘Save the Date’ and Join the Conversation HERE!
|
|
|
|
Cascading dispute resolution clauses and condition precedent: Mediation as a ‘may’ or a ‘must’?
|
Historically overshadowed by arbitration, mediation appears to be catching-up as a popular and sometimes even mandatory step in cascading dispute resolution clauses. Should taking the ‘mediation step’ in multi-tiered dispute resolution clauses be a “may” or a “must”?
Read the Article HERE –>
|
|
|
|
Case Note: Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584
|
In a recent decision, the Federal Court of Australia granted enforcement of an arbitral award issued by the Beijing Arbitration Commission for over AUD 40 million plus interest. The respondent (one of the award debtors) sought to oppose the enforcement on grounds that enforcement of the award would be contrary to public policy, the essence of the respondent's case was that the award left the award creditor in a position of double recovery.
Read more HERE –>
|
|
|
|
Australian Court clarifies the doctrine of functus officio in the context of bifurcated arbitration proceedings
|
The Western Australian Court of Appeal has granted an application to set aside an arbitral award which allowed the claimant to plead a new case on a matter already decided. This was on the basis that the tribunal was functus officio and so lacked jurisdiction to do so.
Read more HERE –>
|
|
|
|
Australian Court highlights need to prove objective urgency when relying on “urgent relief” exception to arbitration clause
|
The Supreme Court of Western Australia has granted an application to stay court proceedings and refer the dispute to arbitration. The decision provides useful guidance on the application of “urgent relief” exceptions to arbitration clauses.
Read more HERE –>
|
|
|
The ADR Committee of the Law Council of Australia's, Federal Litigation and Dispute Resolution Section will be hosting a Seminar and Consultation event on 23 March 2023 in Melbourne and Online on Commentary on Med-Arb and Hybrid ADR Processes.
Event Details
Date: Thursday, 23 March 2023 Time: 4.30pm - 5.30pm (AEDT) followed by drinks and canapes Venue: Holding Redlich, 8/555 Bourke St, Melbourne VIC 3000 & Online Cost: Free
Registrations are now open and close 5pm, 19 March 2023
Register Here »
|
|
|
Australian Disputes Centre
Lockhart Chambers, LGF, 233 Macquarie Street, Sydney NSW 2000
P: 61 2 9239 0700
E: info@disputescentre.com.au
|
|
|
|