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

Global Pound Conference

The Global Data Trends and Regional Differences preliminary report from the Global Pound Conference (GPC) Series has something to say about Australia: it’s ripe for an alternative dispute resolution revolution. The report drew input from a global cast of stakeholders in international dispute resolution. In the aggregate, its results were not surprising, highlighting a global focus on efficiency, collaboration, and pre-dispute and mixed-mode dispute resolution protocols. Within the report, Oceania, consisting of Australia and New Zealand, stood out. The report [...]

Global Pound Conference2019-09-21T11:34:03+10:00

60th Anniversary of the New York Convention

Back to the Future of Cross-Border Contracts: What 60 years of the New York Convention means for the commerce of today and the conflicts of tomorrow. The New York Convention is a global instrument, but its effects are felt on a local level, and its scope of operation is defined by the flows of international trade. ACICA’s Symposium on Underwriting Cross-Border Contracts, celebrated the New York Convention’s 60th birthday by addressing the domestic and international role of the Convention. The [...]

60th Anniversary of the New York Convention2019-09-21T11:34:03+10:00

VALE – Sir Laurence Street

  Dear Friends and Colleagues, I would like to add the voice of the Australian Disputes Centre to the many tributes made to Sir Laurence Street over the past week. After a stellar legal career, Sir Laurence opted to use his knowledge of the law, his connections and his authority to help the early years of ADR in this country. What is now a commonplace approach to the management of commercial disputes, was at the time regarded as revolutionary, and [...]

VALE – Sir Laurence Street2019-09-21T11:34:03+10:00

Reasonableness – a fundamental aspect of a lawyers’ duty to the court and the administration of justice.

The Hon. Justice Robert McClelland 8 February 2018 Firstly I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today. I would also like to pay my respects to Elders past and present. Secondly, I would like to thank the ADC for inviting me to speak here today on the topic of reasonableness and how reasonableness is a fundamental aspect of a lawyers’ duty to the court and the administration of justice. Speaking at [...]

Reasonableness – a fundamental aspect of a lawyers’ duty to the court and the administration of justice.2019-09-21T11:34:03+10:00

ADR Address 2018: Alternative Dispute Resolution – A Misnomer?

The Hon. Chief Justice Wayne Martin I am greatly honoured to have been invited to give the inaugural annual ADR address, which I understand is to be presented annually by the Australian Disputes Centre. I thank Deborah Lockhart, the CEO of the Centre, and her team, for the considerable effort that they have put into the organisation of this event. The national approach and operation of the Centre is evident in its choice of Perth as the venue for this [...]

ADR Address 2018: Alternative Dispute Resolution – A Misnomer?2019-09-21T11:34:03+10:00

Class of 2017 – our thanks to ADC’s wonderful Interns

  Differing from the adversarial court system which is often quite intimidating, I find that the flexible and informal nature of ADR makes it a much more attractive avenue to take. The way in which it seeks to find solutions that are catered towards individual party needs allows parties to have more control over the process and outcome of their dispute.  In terms of the highlights while interning at ADC/ACICA, interning at the ADC/ACICA gave me the opportunity to not [...]

Class of 2017 – our thanks to ADC’s wonderful Interns2019-09-21T11:34:03+10:00

The First Enforcement of an Investment Arbitration Award in Australia

Investment treaty arbitration is being increasingly used by investors to protect their international investments. To encourage investment between the contracting states, an investment treaty will commonly confer certain minimum levels of protection on investors from one state with respect to their investments in the other. These protections are typically enforceable by the investor directly against the state party through investment arbitration. Earlier this year, Ashurst  updated you on recent investment treaty developments in Australia (available here: https://www.disputescentre.com.au/recent-investment-arbitration-developments-australia/). More recently, the [...]

The First Enforcement of an Investment Arbitration Award in Australia2019-09-21T11:34:04+10:00

Case Note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206

Case note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206   Summary In the recent decision in Fitzpatrick v Emerald Grain Pty Ltd, Martin CJ of the Supreme Court of Western Australia considered whether the choice by the parties of specialist arbitration rules relating to grain sale disputes limited the scope of disputes that are captured by the arbitration clause. On this issue, the Court held that the parties' choice of specialist arbitration rules did not limit the scope [...]

Case Note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 2062019-09-21T11:34:04+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…