Mr Maratja Dhamarrandji, from Darwin was the winner of the inaugural ATSI Mediator of the Year award. Mr Dhamarrandji has worked tirelessly for the past 10 years contributing to the field of cross-cultural mediation. His excellence both as a practitioner and interpreter enables him to play an important role in linking the systems of contemporary and traditional cultures as they seek mediation pathways to resolve conflict.  He demonstrates through his actions what it means to be a mediator with humility, [...]

In keeping with Australia’s position as a leader in the global Alternative Dispute Resolution (ADR) industry, the Australian Disputes Centre (ADC) held its inaugural ADR Benefit Ball & Australian ADR Awards Night on 13 August 2016. Aligning with ADC’s 30 year commitment to the advancement and promotion of best practice in ADR, the event was Australia’s first opportunity to independently recognise excellence across the ADR profession. Find out the Winners for 2016! The Australian ADR Awards night represented a coming [...]

By Marina Kofman and Anni Gao The relationship between Land Rights and Native Title is legally complex and the volume of Land Rights Claims is significant. To help us understand what is happening in this space, ADC invited three of Australia’s leading specialists in the field to discuss the legal frameworks underpinning Aboriginal land rights claims, the unique issues experienced and what ADR can offer.  Helen Shurven, Member, National Native Title Tribunal, Steven Wright, Registrar, Aboriginal Land Rights Act, and Tony McAvoy, [...]

By Deborah Lockhart Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin The India – Australia Relationship Recent years have seen remarkable growth in the trading relationship between India and Australia. Two-way trade in goods and services has grown in value from $6.8 billion in FY2003-04 to $14.8 billion in FY2013-14.[1] The Australian Government has marked the Comprehensive Economic Cooperation Agreement (CECA) as one of its key priorities, with its Trade and Investment Minister Andrew Robb visiting India four times [...]

On Thursday 23 June, the NSW Young Lawyers’ International Law Committee in partnership with the Australian Centre for International Commercial Arbitration (ACICA) and the Australian Disputes Centre (ADC) launched its inaugural International Negotiation and Dispute Resolution Seminar Series at a delightful evening event held at the offices of Baker & McKenzie in Sydney. The aim of the project is to give Series participants, all young aspiring lawyers, a greater understanding of different areas of international dispute resolution in private law, public law and investment [...]

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. Project SUSTAIN, a European Union and United Nations [...]

WHAT YOU NEED TO KNOW  Although Australia is not presently a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here. When drafting dispute resolution clauses, it may be relevant to the question of whether and where to arbitrate or litigate, to consider the relevance of the Hague Convention, together with other avenues of enforcement of foreign judgments (for example, legislation on the reciprocal enforcement of foreign judgments such as the Foreign [...]

Mediation: concept and advantages Commercial mediation is an alternative dispute resolution procedure whereby “(…) two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator”. It can be considered international when it involves transnational relations. Arguably, the biggest advantage of mediation is that helps avoiding an outcome with winners and losers, facilitating the maintenance of the relationship between the parties. Additionally, it is [...]