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May 27, 2013
Negotiation is often the first critical step in the process of trying to settle a dispute in an effort to avoid the prospect of litigation. Negotiation is not something reserved for lawyers or for dispute resolvers working on behalf of a client. Anyone can be a negotiator on their own behalf. Good negotiators stand a better chance of resolving their
May 27, 2013
I recently attended an all day ADR (Alternative Dispute Resolution) event hosted by the NSW Bar Association. The event was attended by many of the luminaries of the Bar who practice in ADR and other luminaries in the ADR industry as well as over a hundred other barristers who have become accredited mediators and wanted to hear about “the future
May 27, 2013
At a recent whole day ADR conference I had the chance to listen to Justice Julie Ward of the NSW Supreme Court talk about her views about ADR in the court system. Before the change of government (Labor hand over to Liberal) the NSW State Government has already enacted Part 2A of the Civil Procedure Act. This State legislation was
May 27, 2013
In this post I am going to explain the difference between Mediator ADR and Collaborative Law ADR. “ADR” is of course Alternative Dispute Resolution. Both are ADR. Both are aimed at managing and resolving disputes outside of the court/tribunal system and with the goal of making litigation the very last resort. But what are the key differences? The principal differences
May 27, 2013
When a business is faced with a commercial dispute, what are its choices to manage and deal with that dispute in the most effective and efficient manner and how does it weigh up the options and make the right decision? Good question! Your level of awareness of the options available to you, and what each option has to offer you,
May 27, 2013
A New Model to manage Commercial Disputes Prepared by Christopher Whitelaw[i] The objective of the new model is to open up a new commercial disputes pathway or roadmap for business that – – Allows the parties to the dispute to remain in control of the dispute and its management from start to finality, rather than divesting that control to others,
May 27, 2013
There is a Civil Dispute Resolution Bill currently before Federal Parliament in the House of Reps. It reflects strongly the current federal government perspective that more needs to be done to foster early out of court dispute resolution. Its proposed new laws strongly support the line of thinking that I have been putting forth on this blog. The aim of
May 27, 2013
Why is this important? Disputes can be stressful, expensive, and difficult to manage, contain and resolve for any business. This can be exacerbated by a lack of knowledge of the options and strategies available and the mindset, beliefs, habits and attitudes of those involved in the dispute, and those they approach to advise them. If these obstacles can be removed
May 27, 2013
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
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
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