Category Australian news

Vaccination and the law – resolving disputes over medical treatments.

Did you know that Australian courts can order that a child be vaccinated or given other medical treatments, overruling the consent of one or both parents, and even overruling the child’s own refusal? Last week ABC’s Law Report host Damian Carrick and his guest, Professor Cameron Stewart of University of Sydney Law School looked at […]

Monash wins silver at the International Commercial Mediation Competition

Last week I had the pleasure of meeting and hearing from Monash University’s ICC International Commercial Mediation Competition team. With the support of the ACJI, the team of Tessa Sullivan, Jemima Roe, Joanna Paul and Julia Larner, and their coaches Naomi Burstyner (ACJI, Monash University) and Wendy Gaddie (ACJI, Monash University),  travelled to Paris last […]

Footballer’s future secured through mediation

Rising VFL star Kane Lambert found himself at the centre of an inter-club quarrel during the 2013/14 transfer window.The 22-year-old Northern Blues midfielder was not named in the AFL National and Rookie draft lists for the 2014 season, despite being named in the VFL Team of the Year, winning the Fothergill-Round Medal for the best […]

Experiences of mediation; industrial and workplace negotiations

With the Abbott Coalition Government and Australian Workers’ Union leader Paul Howes using the Australian media to respond to the Fair Work Commission’s Modern Awards Review, industrial and workplace negotiation techniques are once again in the press. In January this year the Victorian branch of the Australian Education Union (AEU) and the state government settled […]

Local Miner lashes out.

Positions and Interests: mediation in WA over mining plant and equipment  Image from vanadiuminvestingnews.com Resource investment group Atlantic Ltd and Australian based mining company Mineral Resources Ltd (MRL) are headed for “contractual mediation” in relation to the “crushing, milling and beneficiation (CMB) plant” at Windimurra, WA. According to Atlantic, it has spent over $20 million […]

Towards Healing – 5 ways to improve the process for complainants.

The Royal Commission into Institutional Responses to Child Sexual Abuse (“the Commission”) has heard evidence from a man identified only as “DK” who participated in the Catholic Church’s Towards Healing process, together with Patrick Monahan, a solicitor representing Catholic Church Insurances Ltd (CCI) and Michael Salmon, director of the Church’s Professional Standards Office. The Commission […]

Responses to the Indonesian phone-tapping scandal; what Abbott could learn from mediation

Parties to a mediation tend to come in to the process with deeply entrenched positions. In the context of mediation, ‘positions’ means things the party wants, demands, insists upon doing or refuses to do. Positions are usually concrete and absolute. By focusing on positions, the party starts with a solution rather than an exploration of […]