Category Dispute Resolution Australia

Creating a model for “structured peer-based reflection on mediation cases” in practice

  Introduction On 1 July 2015 the revised National Mediator Accreditation System (NMAS) came into effect. The revised NMAS replaced the Practice Standards and the Approval Standards previously in effect, and referred to collectively as the Australian National Mediator Standards (ANMS). One difference between the ANMS and the revised MNAS was the ongoing education and […]

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 […]

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 […]

3 tips to prepare for mediation – not just for family law disputes!

Mediation is not just for divorcing couples and warring parents. From fencing disputes to workplace conflict, mediation is used to resolve disputes in almost any area of the law or human relations. You do not need to have filed court proceedings or engaged lawyers to have a mediator facilitate your discussions; in fact, many people […]

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 […]

Mediation fails Rinehart family; or does it?

After 2 years in the NSW Supreme Court, and less than 2 weeks prior to the trial, the dispute over the Hope Margaret Hancock family trust was (finally) referred to mediation by order of Justice Patricia Bergin. The trial, which had been scheduled to commence on 1 October was pushed back to 8 October, with an estimate of […]