About Michael Lockhart

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So far Michael Lockhart has created 64 blog entries.

ADR Award Recipients Making More of a Difference!

The Hon. Tim Pallas MP; Emma King CEO of Victorian Council of Social Service; Treasure Jennings, Public Transport Ombudsman; and Denis Nelthorpe, CEO of WEstjustice. In August 2018, the Public Transport Ombudsman Victoria was awarded the ‘ADR Innovation of the Year Award’ by the Australian Disputes Centre for their unique and pre-emptive approach to assisting homeless young people with public transport disputes. In partnership with the community legal service ‘WEstjustice’ the Public Transport Ombudsman recognised a recurring pattern [...]

ADR Award Recipients Making More of a Difference!2019-09-21T11:33:57+10:00

Case Notes: November 2018

by Michael Moryosef* AUSTRALIA Limited scope to appeal security of payment decisions: Probuild Constructions v Shade Systems[1] This recent Australian High Court decision held that an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act) may not be overturned on the basis that the determination contained a non-jurisdictional error. The decision found that the Court of Appeal of the Supreme Court of NSW did not have jurisdiction to overturn an arbitrated decision on the [...]

Case Notes: November 20182018-11-01T12:13:18+11:00

ADR Address Supreme Court of South Australia 2018

ADR v Adjudication: Jurisprudential and Socio-Economic Considerations The Hon. Chief Justice Chris Kourakis’ SA Supreme Court Address Crypto-currency and medieval market fair courts may have more in common than first meets the eye. Kourakis CJ takes us back to the future in postulating how disputes involving new technologies may best be resolved. The Australian Disputes Centre received a warm welcome at the Supreme Court of South Australia in hosting the Court’s inaugural ADR Address on 18 October 2018. Chief Justice [...]

ADR Address Supreme Court of South Australia 20182019-09-21T11:33:58+10:00

The Court of Arbitration for Art

On 6 June 2018, the first Court of Arbitration for Art (CAfA) was officially launched at The Hague. This specialist court arose as a response to the art market’s critique that traditional judges and juries lack the expertise required to determine esoteric issues such as authenticity. Though located at The Hague, proceedings may take place anywhere in the world. A significant feature of the CAfA rules is that proceedings only utilise tribunal-appointed experts when determining questions of origin and matters [...]

The Court of Arbitration for Art2019-09-21T11:33:58+10:00

India’s Path to Mediation

by Alicia Sharma* The effective administration of justice has been shown to be vital to nurturing economic growth and thus ought to remain a priority for all developing nations. India’s lack of a structured and systematic approach towards development is particularly evident from India’s justice system. India’s enormous population, which accounts for over 17% of the global population (World Population Review, 2018), gives rise to particular complexities in India’s legal system. Considering the maxim ‘justice delayed is justice denied’, one [...]

India’s Path to Mediation2019-09-21T11:34:02+10:00

ADR Address Supreme Court of New South Wales 2018

ADR, ODR AND AI-DR, OR DO WE EVEN NEED COURTS ANYMORE? The Hon. Chief Justice Tom Bathurst AC The Supreme Court of NSW Wales warmly welcomed some 180 guests at the Court’s inaugural ADR Address on 20 September 2018. Living in an age of the Fourth Industrial Revolution, computers are increasingly capable to outperforming humans, possibly leading to supplanting the role of legal professionals altogether. Bathurst CJ identifies two main ‘supportive’ technologies that could transform both court proceedings and ADR [...]

ADR Address Supreme Court of New South Wales 20182019-09-21T11:34:02+10:00

Lessons from the New Zealand ADR Experience

The Hon. Christopher Finlayson QC’s insights as the Minister for Treaty of Waitangi Negotiations “Many of the disputes arise because of personality differences and poor interpersonal relationships. I often quote former Northern Ireland Secretary Willy Whitelaw who would lament about meeting Catholics and Protestants in Belfast. He concluded some of them couldn’t even agree on what day it was.” With humorous and insightful commentary from his experience as the former Attorney General of New Zealand and Minister for Treaty of [...]

Lessons from the New Zealand ADR Experience2019-09-21T11:34:02+10:00

ADC First Nations’ Panel Launch

Innovation in Cross-cultural Dispute Resolution The ADC’s First Nations Panel was launched in Sydney on 10 August 2018. In celebration of the new Panel, we were honoured by the Welcome to Country extended by Nathan Moran, CEO, Metropolitan Local Aboriginal Land Council. To mark the Panel’s launch and its significance, Aboriginal Elder and a Board Member of Deerubbin Local Aboriginal Land Council, Graham Davis-King, also generously extended his congratulations and engaged attendees in song and ceremony. Mr Moran later presented [...]

ADC First Nations’ Panel Launch2019-09-21T11:34:02+10:00

Dispute resolution and civil justice – thriving through innovation

Professor Peta Spender, Deputy Dean of ANU Law School Statistically, more people will go to their health or welfare advisers than a private lawyer for legal advice.1 As Professor Peta Spender, Deputy Dean of ANU Law School, pointed out in her presentation at ADC’s Innovate, Mediate and Thrive! Symposium, this certainly raises doubts about the accessibility of the civil justice system currently. Highlighting a number of key innovations in the civil ADR space, Professor Spender’s presentation left no doubts as [...]

Dispute resolution and civil justice – thriving through innovation2019-09-21T11:34:02+10:00

The Australian Disputes Centre Announces First Nations’ Mediation Panel

  The Australian Disputes Centre announces the launch of its First Nations’ Mediation Panel. “This Panel of specialist Aboriginal and Torres Strait Islander dispute resolvers builds on ADC’s work within the community and brings additional focus and resources to the significant opportunities for culturally appropriate dispute resolution” says CEO, Deborah Lockhart. In assisting disputing parties to resolve their issues, the Australian Disputes Centre has been appointing arbitrators, mediators and experts from its independent Panels over many decades, and more recently [...]

The Australian Disputes Centre Announces First Nations’ Mediation Panel2019-09-21T11:34:03+10:00

Upcoming Events

  • Accelerator Online Mediation Training
    • Days 4 - 11
      September 21, 2020 - September 30, 2020
      10:00 am - 1:15 pm

    Up-skill Online and Accelerate your Career! Choosing the ADC difference, and Staying Connected… How do you become a nationally accredited mediator, a more effective negotiator,…

  • Mediator Refresher - How to Mediate Online
    • Essential Mediator Training (Fri. & Mon. 3 hours a day)
      September 25, 2020 - September 28, 2020
      10:00 am - 1:15 pm
    • Essential Mediator Training (Tues. to Wed. 3 hours a day)
      September 29, 2020 - September 30, 2020
      10:00 am - 1:15 pm

    NEW! How to Mediate Online! Are you confident and competent mediating online? This highly sought after mediation skills programme is intended for mediators seeking to complete…

  • Online Mediation Accreditation Day
    • October 1, 2020
      9:00 am - 4:30 pm

    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…

  • Accelerator Online Mediation Training – October 2020
    • Days 1 - 3
      October 14, 2020 - October 16, 2020
      10:00 am - 1:15 pm
    • Days 4 - 11
      October 19, 2020 - October 28, 2020
      10:00 am - 12:15 pm

    Up-skill Online and Accelerate your Career! Choosing the ADC difference, and Staying Connected… How do you become a nationally accredited mediator, a more effective negotiator,…

  • Online - Conflict Resolution & ADR
    • 2 days (3 hours a day)
      October 14, 2020 - October 15, 2020
      10:00 am - 1:15 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…

  • Online Mediation Accreditation Day – October 2020
    • October 29, 2020
      9:00 am - 4:30 pm

    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…

  • Australian ADR Awards Gala 2020
    • November 13, 2020
      6:15 pm - 10:30 pm
  • The Weekend Edition - Online Mediation Training
    • Days 1 - 2
      November 21, 2020 - November 22, 2020
      9:30 am - 4:30 pm
    • Days 3 - 4
      November 28, 2020 - November 29, 2020
      9:30 am - 4:30 pm
    • Day 5
      December 5, 2020
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's 'Weekend Edition’ Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2021!…

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      November 21, 2020
      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
    • One day Mediation Refresher Training
      November 29, 2020
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      December 5, 2020
      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…