May 27, 2013

Arbitration and Commercial Disputes

Arbitration is another form of Alternative Dispute Resolution (ADR). What is it? It is where the parties to a dispute agree to submit their dispute to an appropriately qualified and skilled arbitrator, rather than the court, for adjudication and binding determination. It is different to mediation. With mediation, the parties retain the services of a trained mediator who sets up
May 27, 2013

European Mediation Training is Tough and Demanding compared to Australia

Commercial Disputes cover a wide spectrum – intra company disputes, partnership disputes, disputes between joint venture parties, disputes over contracts and performance of contracts, technology disputes, workplace disputes, industrial disputes and much more. How do trained mediators in Europe manage and facilitate the resolution of such disputes as compared to Australia? European Mediation training places a lot of emphasis on
May 27, 2013

A New Dawn for Mediators and Mediation

As many of you will now know the Federal Attorney General recently introduced the Civil Dispute Resolution Bill 2010. If made into law the Act will require prospective litigants to take “genuine steps” to resolve their legal disputes before they will permitted through the gates by the case managing judge to continue their litigation war. They will need to detail
May 27, 2013

Alternative Dispute Resolution And Medical Negligence

In 204 Natalie Gray wrote a piece in the Journal of Law and Medicine titled “Reforming the relationship between medicine and the law of tort.” In that article she examined the fault-based adversarial system that we have as applied to medical negligence claims. She concluded “The adversarial system of medical negligence fails to satisfy the main aims of tort law,
May 24, 2013

Lawyers – Are They Serious About ADR?

An article appeared in the Legal Affairs Section of the Australian Financial Review in January 2009 that bore the headline “Barristers judged to be behaving badly”. The article reported on something said by Victorian Supreme Court judge David Byrne at a judges conference to the effect that many barristers pay lip service to the notion that they should be doing
May 24, 2013

ADR is Good For Business

In the January 8th 2009 edition of BRW Georgina Dent wrote an article called “Flight Paths” in the Law Section of that magazine. The heading was “Rather than rushing to court, smart companies find ways to settle disputes that leave commercial relationships intact.” The main points made in the article – Businesses can find themselves entrapped in the cost, delay
May 4, 2013


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