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Alternative Dispute Resolution Conference

Alternative Dispute Resolution Conference

Date & TimeFriday 12 May 2017 8.30am–5pm
Format Conference
Price

Member

$630.00

Non-Member

$750.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue LIV Lecture Theatre, 470 Bourke St, Melbourne View Map

Launching with a panel of judges discussing their views on mediations and arbitrations, this conference will provide critical strategies for practitioners wanting to hone their skills...

Further details below.

Program Overview

  • Alternative Dispute Resolution Conference - Friday 12 May
    • 8:30 AM Registration Begins
    • 8:55 AM Conference Opening and Welcome
    • 9:00 AM Panel Discussion – Where Are Mediations and Arbitrations Now and Where Are They Going?

      This opening session will provide you with a unique opportunity to hear from a panel of judges and a mediation expert discussing their views on mediations and arbitrations. They will talk about the successes they have seen, as well as the role these methods of dispute resolution will likely play in the future.

      You will also have the opportunity to ask questions throughout this interactive panel session, and you are invited to come prepared with any queries you may have.

      The following questions will be covered during the session:

      • Where are we now? How have mediations and arbitrations been assisting parties to date and how can mediators more effectively assist parties to achieve a resolution?
      • Where are mediation and arbitration heading?
      • What changes to mediation and arbitration are on the horizon?

      Panellists: 

      • The Honourable Justice Sifris, Supreme Court of Victoria,
      • The Honourable Justice Croft, Supreme Court of Victoria
      • The Honourable Justice Cameron, Supreme Court of Victoria
      • Professor Tania Sourdin, Dean and Head of School, Newcastle Law School, The University of Newcastle

      Moderator: Tim McFarlane, LIV Accredited Specialist in Mediation, McFarlane Legal 
    • 10:00 AM Morning Tea
    • 10:30 AM Panel Discussion – Ethical Dilemmas Facing Mediators and Arbitrators

      In this second session, our experienced panellists will discuss the common and not so common ethical dilemmas they see arise in mediations and arbitrations and how to deal with them.

      Moderated by a senior solicitor from the LIV Ethics and Professional Practice department, our panel will use case studies to highlight common ethical dilemmas. They will also cover the ethical issues which have arisen for mediators overseas, and how Australian lawyers may approach these dilemmas.

      Panellists:

      • Professor John Sharkey AM, Sharkey Consulting
      • Dr Rebecca French, French DR Mediation Services, NMAS Accredited Mediator and Coach, LIV Accredited Mediator
      • Bronwyn Hine, Claims Solicitor, Legal Practitioners’ Liability Committee

      Moderator: Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

    • 11:30 AM Binding Heads of Agreement

      This session will look at binding heads of agreement, the circumstances when they are or are not considered binding and recent case law in the area.

      Presenter: Robert Hay QC, Barrister, Victorian Bar

    • 12:30 PM Networking Lunch
    • 1:30 PM Managing Difficult Behaviours in the ADR Process

      Lawyers working in alternative dispute resolution often deal with clients in high stress situations that expose negative behaviours, and knowing how to manage these behaviours effectively is critical to ongoing success in ADR.

      In this session, Professor Tania Sourdin will draw on her expertise to provide a comprehensive overview of the difficult behaviours that come up in mediations and arbitrations, as well as some practical ways for ADR practitioners to break through these behaviours.

      By focusing on critical skills and techniques to help you deal with these types of personalities, you will walk away with a useful toolkit of new skills for conflict management in your ADR role.

      Presenter: Professor Tania Sourdin, Dean and Head of School, Newcastle Law School, The University of Newcastle
    • 2:30 PM A Guide to Growing Your Practice

      Establishing a reputable brand and having an engaging online presence are more critical in 2017 than ever before. However, there are even more ways that lawyers in the digital age can promote their expertise, reach new clients and grow their business.

      This session will focus on the many ways ADR practitioners can boost their online presence and streamline their processes through the use of online tools and helpful programs they may never have heard of.

      Topics will include:

      • using technology to enhance your practice
      • marketing your practice
      • tools, apps and strategies to streamline work and increase efficiency
      • embracing social media.

      Presenters:

      • Nussen Ainsworth, Lecturer, College of Law & Justice, Victoria University
      • Emily Dewberry, LIV Accredited Specialist in Mediation, Principal, Dewberry Mediations
    • 3:30 PM Afternoon Tea
    • 4:00 PM Meeting Your Obligations in ADR

      This substantive law session will discuss mediator, arbitrator and practitioner obligations in ADR, including consideration of the Civil Procedure Act, practitioner and other legislative and non-legislative requirements.

    • 5:00 PM Conference Close and Networking Drinks

Further Details

  • Full Description

    Launching with a panel of judges discussing their views on mediations and arbitrations, this conference will provide critical strategies for practitioners wanting to hone their skills and prepare for the future of alternative dispute resolution.

    More than ever, parties are seeking alternative methods of resolving their legal disputes instead of going to court. ADR practitioners and lawyers working in the area must have a breadth of knowledge that includes dealing with high conflict personalities, developing a thriving business and complying with obligations.

    By attending this conference, mediators, arbitrators and other ADR practitioners will hear about the latest developments and techniques from members of the judiciary, lecturers and mediators.

  • Presenters

    The Honourable Justice Sifris, Supreme Court of Victoria

    The Honourable Justice Croft, Supreme Court of Victoria

    The Honourable Justice Cameron, Supreme Court of Victoria

    Professor Tania Sourdin, Dean and Head of School, Newcastle Law School, The University of Newcastle

    Tim McFarlane, LIV Accredited Specialist in Mediation, McFarlane Legal 

    Tim became an accredited specialist in Alternative Dispute Resolution (now Mediation) in 1993. His expertise has been developed over 30 years while working in a number of law firms and with the Professional Standards Department of the LIV. Tim is a member of the ADR Committee of the Law Council of Australia and a director for the national Mediator Standards Board. He is part of several mediation committees and panels in Australia and Hong Kong and is on the list of Mediators for World Intellectual Property Organisation.

    Professor John Sharkey AM, Sharkey Consulting

    Dr Rebecca French, French DR Mediation Services, NMAS Accredited Mediator and Coach, LIV Accredited Mediator

    Dr French is a sessional member of VCAT sitting across various lists, where she conducts compulsory conferences and mediations regularly. She is an accredited coach for the NMAS course, involved in delivering that course to VCAT members, and coaching for both the Resolution Institute and the Australian Disputes Centre. Rebecca also has a strong legal background, having practised in a range of areas for many years. She holds a PhD in constitutional law from the University of Melbourne, and has combined her legal and mediation experience in successfully resolving a broad range of disputes in many areas.

    Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

    Michael has gained extensive experience as a country and city solicitor, as well as in-house counsel for both a major statutory corporation in Victoria and an Australian electricity supply industry association. Michael provides advice to solicitors on ethics issues and supports the work of the LIV Ethics Committee.

    Robert Hay QC, Barrister, Victorian Bar

    Robert practises mainly in property law, including sale of land, owners corporation, mortgages and leasing. He also acts as a mediator in property law disputes and provides advice to government bodies about legislation and property law issues. Robert is a member of the LIV Leases Committee and Property Law Committee.

    Nussen Ainsworth, Lecturer, College of Law & Justice

    Nussen is a legal academic and mediator. He is an LIV accredited specialist in mediation, NMAS accredited mediator and a Family Dispute Resolution Practitioner. He is a lecturer and is the coordinator of the ADR unit at the College of Law and Justice, Victoria University. Prior to becoming an academic, Nussen practised as a solicitor at a commercial law firm in Melbourne. He is a member of the Law Institute of Victoria's ADR, Resolution Institute Mediation and the Magistrates’ Court Dispute Resolution Committees. He is currently completing his PhD on court-connected mediation at Monash University.

    Emily Dewberry, LIV Accredited Specialist in Mediation, Principal, Dewberry Mediations

    Emily is a nationally recognised Advanced Mediator and LIV accredited specialist in mediation and has been the principal of Dewberry Mediations since 2014. She mediates a large variety of commercial litigation cases in the Supreme and County Courts of Victoria, NSW and Queensland including in the areas of medical malpractice, professional negligence, TPD claims, financial lines, defamation, public liability, workers compensation recovery actions and contractual disputes. Before becoming a mediator, Emily was a national claims manager for a London-based casualty insurer and prior to that was in private practice at Allens Arthur Robinson in commercial litigation. 

  • Learning Outcomes

    Sessions at this conference will cover:

    • mediations and arbitrations: where we are now and where we are going
    • ethical dilemmas affecting mediators and arbitrators and how to deal with them
    • managing high conflict personalities and difficult behaviours in ADR
    • binding heads of agreement and when they are considered binding
    • the obligations practitioners, mediators and arbitrators have in ADR processes.