Event Wrap Up: Advancing Lands Disputes Negotiations in NSW

On 16 March 2017, the Australian Disputes Centre was delighted to host two of Australia’s leading experts in Aboriginal Land Rights and Native Title. As a follow on to the ADC’s highly successful Land Rights seminar in 2016, Ms Helen Shurven of the National Native Title Tribunal (NNTT) and Mr Stephen Wright of the Deerubbin Local Aboriginal Land Council (DLALC) returned to the ADC to conduct a seminar on the use of Alternative Dispute Resolution (ADR) in Land Rights disputes. [...]

Event Wrap Up: Advancing Lands Disputes Negotiations in NSW2019-09-21T11:34:07+10:00

Tackling the working parent’s dilemma: caring for sick children and protecting family security

Everybody’s workplace and working life is undergoing profound change. Technology is allowing greater flexibility – but also extending the working day beyond the traditional 9-5 confines. Communications allows us to connect where and when we want. For working women in particular, this flexibility has laid the foundations for fresh career paths where work and home life, and particularly caring responsibilities, can be more successfully intertwined. Women make up just over 46 per cent of Australia’s workforce. For these women, and [...]

Tackling the working parent’s dilemma: caring for sick children and protecting family security2017-04-13T12:06:46+10:00

Are banks making the most of arbitration?

The ICC publishes its report on the use of international arbitration in financial disputes. Litigation has traditionally been the forum of choice for dispute resolution in international finance. This preference for litigation prompted the International Chamber of Commerce Commission on Arbitration and ADR (the ICC) to set up a Task Force to study financial institutions' perceptions and experience of international arbitration. The report, published on 9 November 2016, is the product of interviews with approximately 50 financial institutions and banking [...]

Are banks making the most of arbitration?2019-09-21T11:34:07+10:00

The new ICC Arbitration Rules: improving the efficiency of arbitrating low to medium value disputes

In recent years, leading arbitral institutions have been developing innovative ways to promote efficiency and reduce costs in arbitration proceedings, especially in relation to lower value claims. The new version of the ICC Arbitration Rules ("ICC Rules") which entered into force on 1 March 2017 provides such innovations, which are discussed below. Expedited Procedure for Disputes in the Amount of USD 2 million or less The most important change in the new ICC Rules 2017 is the introduction of the Expedited [...]

The new ICC Arbitration Rules: improving the efficiency of arbitrating low to medium value disputes2019-09-21T11:34:07+10:00

Off With The Wig: Issues That Arise For Advocates When Switching From The Courtroom To The Negotiating Table

The Hon T F Bathurst AC Chief Justice of New South Wales Off With The Wig: Issues That Arise For Advocates When Switching From The Courtroom To The Negotiating Table Australian Disputes Centre 30 March 2017 Good evening everyone, it is a pleasure to be invited to address you this evening on a topic that will hopefully be relevant to the practice of many of you here today. In our current dispute resolution climate, barristers are increasingly being asked to [...]

Off With The Wig: Issues That Arise For Advocates When Switching From The Courtroom To The Negotiating Table2019-09-21T11:34:07+10:00

Case comment: Dawood Rawat v The Republic of Mauritius

In Dawood Rawat v The Republic of Mauritius (Rawat), an investment treaty tribunal was tasked with deciding competing applications for interim measures. In dealing with the parties' requests, the Tribunal addressed a number of current issues in international arbitration, including the tests for interim measures and security for costs, the link between third-party funding and access to justice and the principles that apply where a Most Favoured Nation (MFN) clause is invoked to establish jurisdiction. Read Full Article Here - Case comment [...]

Case comment: Dawood Rawat v The Republic of Mauritius2019-09-21T11:34:07+10:00

Arbitration Case Note: The Federal Court of Australia again reinforces Australia as an arbitration friendly jurisdiction.

WDR Delaware Corporation v Hydrox Holdings Pty Ltd  Background WDR, a wholly owned subsidiary of Lowes, a US-based home improvement company, entered into a joint venture agreement with Woolworths, an Australian-based retail company, to open hardware and home improvement stores in Australia and New Zealand. The joint venture agreement spawned Hydrox Holdings Pty Ltd, a registered Australian company. Woolworths owned two thirds of the shares in Hydrox and Lowes (through WDR) owned the other third. Hydrox has always operated at [...]

Arbitration Case Note: The Federal Court of Australia again reinforces Australia as an arbitration friendly jurisdiction.2019-09-21T11:34:08+10:00

Neuroscience and Mediation – Is it all lavender and lemons?

It sounds miraculous. Using the scent of lavender or lemon and serving hot drinks to parties can help them solve problems more creatively and act more reasonably. Some legal commentators claim the integration of mediation and neuroscience will revolutionise the process of settling cases. But is this touting of neuroscience research just the latest fad in the field, the phrenology of the 21st century? What does it add to practice of mediation? Read Full Article HERE  Jean Di Marino was [...]

Neuroscience and Mediation – Is it all lavender and lemons?2019-09-21T11:34:08+10:00

Food For Thought

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 [...]

Food For Thought2019-09-21T11:34:08+10:00

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 – ADR in Business2019-09-21T11:34:08+10:00

Upcoming Events

  • 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…

  • Supreme Court of New South Wales – ADR Address 2020
    • October 15, 2020
      5:00 pm - 6:00 pm
  • Mediator Refresher - How to Mediate Online
    • Essential Mediator Training (Fri. & Mon. 3 hours a day)
      October 23, 2020 - October 26, 2020
      10:00 am - 1:15 pm
    • Essential Mediator Training (Tues. to Wed. 3 hours a day)
      October 27, 2020 - October 28, 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 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…