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Australian Mediation Association

ADR Enews - August 2021

Continuing Professional Development 2021
31 August (5.00 – 6.30pm): How to complaint proof your practice

Continuing Professional Development Online Webinars


The 2021 NMAS training and CPD program is intended to cover mediation skills, practice and specific content areas.

These specialist courses and events are delivered by practicing mediators, allowing you to add input on key subjects. Our Continuing Professional Development (CPD) Events are a constantly evolving portfolio of short training courses and events.

The events are held online on the Australian Mediation Association’s training platform. Our CPD Events are designed and delivered by experts in the field, aiming to deepen and broaden your skills and knowledge as a professional mediator.

31 August (5.00 – 6.30pm): How to complaint-proof your practice

As mediation becomes more accepted and used by people , there is also the inevitable rise of complaints against mediators. This webinar will look at processes and strategies to assist in the prevention of complaints being lodged.

$65.00 (incl. GST)

NB: ALL times are in Australian Eastern Standard Time at all times (non daylight saving time). Check times for your location on the Meeting Planner calculator here.
 
Please find our 2020 program and register here

NMAS Online Mediator Qualification Course 2021

With our Mediator Training Course, there exists the opportunity to obtain the necessary basic process and skill components of mediation training online. You can become accredited in accordance with the Australian National Mediator Standards.

The Australian Mediation Association (AMA) for offers a collaborative, interactive training and learning experience. Every participant will stay engaged like never before.

2021 Course Commencement dates – each course is of 4 weeks duration online:

  • Week commencing 27th September 2021

Enrolments are open for 2021 for those who want to use this year to get ahead as an FDRP.

The AMA and MTA remain dedicated to providing the highest quality, most innovative and compliant training and delivery methods.

Many of our professional applicants want to use their time to undertake many of the required hours to complete their Family Dispute Resolution Practitioner qualification online for 2021. Because of their busy schedules during the year, many applicants use the holiday time and after hours to get ahead of the study hours that are required for the CHC81115 Graduate Diploma of Family Dispute Resolution.
 
As a result, we have added additional assessors to the team so that we can assist with those efforts. If you would like to take advantage of that extra time to get ahead, it is important that you enrol now so that you that you are in with the study group and engaged.

If you would like to join the 2021 intake, please email: info@mediator.academy
In partnership with ICES: provider code 22487.
 
Enquire Here Now
  • All textbooks, student handbooks, assessments and learning materials are included in all qualification packages.
  • Corporate Discounts are available for companies as well as Family Relationship Centres.
  • Easy weekly payment plans available.
  • Visa, MasterCard, American Express & Diners Club are accepted.

Conflict Coaching Fundamentals

CCI offers a fully online program Conflict Coaching Fundamentals through CCI Academy.  The program is designed to be flexible and completed at your own pace. It includes:
  • Over 40 hours of video lessons;
  • Videos of two complete conflict coaching sessions;
  • Reflective activities to apply and embed your learning;
  • Two personalised one-on-one sessions with your trainer;
  • Opportunities to practice coaching on other students in the program;
  • An engaged online community for peer support and networking. 
AMA members receive a 20% discount off the normal registration fee of $2,497.00, including accreditation assessment (and there are now added inclusions such as monthly live masterclasses, and artistry sessions for accredited coaches). 

Just use the coupon code AMAMember at checkout.
 
Click HERE for more information, course dates and registration

What work opportunities are there as a mediator?

There is increasing use of mediation and other forms of ADR in Australia. People undertaking mediation and Family Dispute Resolution training vary to the extent in how they find opportunities as a mediator.

Some may find salaried roles within government or not for profit agencies. Some individuals pursue mediation as a full-time career whilst others see a career in mediation as a viable option to supplement their current vocation or as a part-time profession post retirement.

For current mediation and Family Dispute Resolution careers please visit our ‘careers page’ and search for current mediation career opportunities in the associated search engines.

Click Here for more information

Australian and New Zealand ADR News

The rise of collaborative divorce: Families with ‘skin in the game’ avoiding court

More separating couples are avoiding the Family Court by engaging in “collaborative divorce” where the professionals work as a team and all parties commit to not go to court.

Collaborative divorce started in the United States in the 1980s and came to Australia in 2005 but industry professionals report there has been a surge of interest in the past year.

Read more

Australia Post agrees to Holgate mediation – with conditions

The Australia Post board has agreed to participate in mediation with former chief executive Christine Holgate.

But the board will require Ms Holgate to make public her demands to settle the dispute and the outcome of the mediation.
Read more

Mediation between Carnival and Ruby Princess class action lawyers in August

Carnival executives will have mediation with Vicky Antzoulatos, who is leading the Ruby Princess class action for Shine Lawyers, and her team on August 26.

If the parties cannot resolve the case, it will proceed to trial in the Federal Court of Australia on March 1, 2022.

Read more

Mining giant Rio Tinto Face Environmental, Human Rights Complaint in Papua New Guinea – the need identify solutions to the urgent environmental and human rights issues

CANBERRA, Australia, Jan 4 2021 (IPS) – Local communities in the vicinity of the abandoned Panguna copper mine, have taken decisive action to hold the global mining multinational, Rio Tinto, accountable for alleged environmental and human rights violations during the mine’s operations between 1972 and 1989.

The mine operated in the mountains of central Bougainville in Papua New Guinea until 1989.

Read more

Parents are having to turn to expensive private services to secure child access visits

In the past two years, Sahil* has had to spend about $15,000 to visit his baby son after separating from his ex-partner.

The Western Sydney man had not seen his son in 18 months because his partner had refused him access visits.

Read more

Relief as WA's class action over Indigenous stolen wages goes to mediation

Gordon Marshall started working on stations when he was just 14.

He worked at Yeeda, Waterbank and Oombagooma stations around the Kimberley, before being called up for national service.

Read more

Palmer and McGowan ordered to mediation

West Australian Premier Mark McGowan and billionaire Clive Palmer have been ordered by a judge to try to settle their defamation fight outside court.

As part of Federal Court procedure, Justice Richard White this week referred the legal action to mediation, which must happen before September 30.

Read more

Judge orders mediation in Dutton defamation case

Federal Court Justice Peter White has ordered that defence minister Peter Dutton and Shane Bazzi, the refugee activist the minister brought to court for a tweet calling him a ‘rape apologist’, attend mediation.

The parties have until August 31 to mediate the dispute. According to reports by the Guardian, Justice White described the defamation suit as not being among the court’s biggest and capable of being resolved before the trial, which has been scheduled for three days in October later this year.

Read more

How the Torres Strait's culture, geography and colonial experience is shaping crime and justice

In the Torres Strait, it can sometimes take hours, even days, for police to arrive after a crime's been reported.

And often, by the time officers step foot on the island, the situation has been resolved.

Read more

KKR beauty clinics stoush heats up

The KKR-owned laser hair removal and cosmetic injectables company is heading for the courts after mediation failed with almost half its clinics.

It says a lot about a company’s culture when almost half its franchised clinics revolt over claims of gouging, unconscionable conduct and aggressive price discounting.

Read more

7-Eleven settles franchisee class actions

7-Eleven has agreed to settle franchisee class actions following mediation.

A statement from the convenience chain confirmed the settlement but gave no insight into the details of the agreement.

Read more

Afghan refugee to mediate over removal

An Afghan refugee "desperately" worried for his family's safety at home has been granted mediation by the Federal Circuit Court to determine his removal to another country.

The man is separately applying through the Federal Court for an emergency visa to rescue his immediate family due to the deteriorating security situation in Afghanistan, according to court documents.

Read more

Kiwis show gymnasts the way over uneven bars

In the wake of the explosive Australian Human Rights Commission inquiry into gymnastics in Australia, a pioneering New Zealand sports disputes resolution service believes it can model a path for aggrieved gymnasts to pursue justice in the future.

The Sports and Recreation Complaints and Mediation Service was set up by Immediation New Zealand following a review of integrity in New Zealand sport in 2019 and began operating this year.

Read more

New disputes service filling a gap

Phone-based system nips employment disputes "in the bud".

A thousand queries have been received by Ministry of Business, Innovation and Employment (MBIE) staff in the first six months of their new Early Resolution Service.

Read more

Covid 19 coronavirus: Family, divorce lawyers report surge in demand

Divorce lawyers are facing a post-lockdown surge in marriages breaking down.

Lawyers up and down the country say demand for mediation as couples separate has never been higher - one says his Auckland firm has had to "close the doors" as they can't take on any more cases, while another in Wellington says he has seen a three or four-fold increase on two years ago.

Read more

Waikato council to start mediation with Sleepyhead over billion dollar company town

Mediation over a billion dollar industrial and housing community at Ōhinewai could take up to four months, Waikato Regional Council says.

The council has lodged an Environment Court appeal over four key aspects of the development: management of flood risks, public transport and car dependency, accessibility and urban form (connections between the development and the Ōhinewai settlement), and water and wastewater connections.

Read more

Mediation fails: DHB midwives to strike, and rally at Parliament

Midwives employed by DHBs will go ahead with planned rolling strikes next week after mediation on Monday failed to reach agreement.

The 8-hour strikes will start on Monday in Northland, the three Auckland DHBs and Southern DHB, and move towards Wellington, DHB by DHB, over the following three days, culminating in a rally at Parliament on Thursday 12th August.

Read more

Ex-mayor wants Shadbolt's items saved, offers mediation

A former mayor and lifetime friend of Sir Tim Shadbolt is “begging” the Invercargill City Council not to trash the memorabilia of New Zealand’s longest serving mayor.

Sir Bob Harvey, who was mayor of Waitākere for 18 years, has offered his services as a mediator in the unfolding turmoil at the council.

Read more

South Auckland school board skips mediation meeting with concerned parents

A school board accused of discriminating against parents and students didn’t attend a community hui intended to hash out problems this week.

On Friday morning, Pukekohe North School whānau, local police and board representatives and even the local MP attended a hui at the local library.

Read more

International

Christian leaders offer to mediate Papua peace talks

Churches in Papua have offered to mediate talks between the Indonesian government and separatist groups in a bid to ease tensions in the restive region.

The offer comes amid an escalation in violence in Papua that has seen hundreds of troops deployed and many people displaced in a crackdown following the government’s decision on April 29 to declare pro-separatists as terrorists.

Read more

ASEAN mediation: Glimmer of hope for Myanmar

At a special summit convened in Jakarta over the weekend, ASEAN leaders issued an urgent call for an end to violence in Myanmar and for steps to be taken to restore democracy following a military coup last February 1.

Their five-point statement of consensus also called for a visit to Myanmar by a special envoy of the ASEAN chair to initiate constructive dialogue among the contending parties.

Read more

Telecommunications dispute resolution scheme to be reviewed

Customer complaints about telecommunications services are on the rise, which is just one of the issues to be addressed by a review of the Telecommunications Dispute Resolution Scheme.

“Getting prompt and effective resolution of any problems consumers can’t resolve directly with their telecommunications providers is a critical part of ensuring consumer satisfaction with their service,” telecommunications commissioner Tristan Gilbertson said, adding the review was now required every three years.

Read more

Couple Quarrel: Irate Husband Crushes Mediator To Death Under Tractor, 10 Others Injured

An angry husband allegedly crushed a mediator to death under tractor and as many as 10 others were injured in the process.

They were trying to resolve a quarrel between him and his wife at Andhradera village under Binika police station in Subarnapur district on Wednesday.

The deceased has been identified as D Kashi Biswanath of Paramanpur village under Atabira police station.

Read more

Chiefs urged to train as mediators

Chiefs across the country have been urged to undertake training on mediation being offered on affordable terms by the Peer Counselors Association.

This training will enable chiefs to solve minor cases occurring in their areas of jurisdiction, since they are more familiar with the residents and using the skills, they can come up with terms agreeable to both parties.

Read more

Articles

Guide to Dispute Resolution in Australia

The common law system forms the basis of Australian jurisprudence.

It embodies judge-made law, whereby rules of law and precedent have been developed by the court.

Read more

Countdown to commencement of new Federal Circuit and Family Court of Australia
 

The new Federal Circuit and Family Court of Australia will officially commence operations on 1 September 2021 following the passing of legislation to amalgamate the Federal Circuit Court of Australia and the Family Court of Australia.

The legislation and the new Court has provided an opportunity to change the conversation about family law litigation in particular.

Read more

Australia: RG 271 – Are you ready for the new Internal Dispute Resolution (IDR) requirements?

The Australian Securities and Investments Commission (ASIC) released Regulatory Guide 271: Internal Dispute Resolution (RG 271) on 30 July 2020. ASIC's internal dispute resolution (IDR) reporting requirements will come into effect at a later date.

Who does RG 271 apply to?

Read more

Australia: The power of dispute resolution clauses in contracts

In any contractual arrangement there is the possibility that one party will fail to perform an obligation causing a dispute between the parties to arise.

It is common for contracts such as these to include a dispute resolution mechanism where, at the time of entering into the contract, the parties agree to follow a certain procedure when a dispute occurs.

Read more

Is Indigenous community mediation the key to reconciliation?

Community mediation may be the answer to healing rifts within the Indigenous community caused by generations of oppression and racism, writes Resolution Institute.

With the 20th anniversary of reconciliation week underway, Melissa Stubbings (pictured) – one of Australia’s leading Indigenous mediators and member of Resolution Institute – reflects on the power of mediation within the Indigenous community.

Read more

The History of Mediation and Why It Is Still in Use Today

Mediation is a process of conflict resolution that involves a neutral party and two conflicting parties.
This neutral party is a mediator whose function is to settle the differences between the parties in conflict.

Read more

Mediation: Improving access to justice

AUSTRALIAN-trained lawyer Josephine Hadikusumo is the Founder-cum-Director of the Asia.

Mediation Centre (AMC), Malaysia, acknowledged as the first and only centre for mediation services and professional accreditation in East Malaysia. 

Read more

5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic; Increasing the Chances of Success for Students with Disabilities.

The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities.

Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.

Read more

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

How to get parents on the same page - Even in the middle of divorce.

Divorce can be tough on everyone. Parents, children, families, attorneys, employers, and mediators.

Read more

The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation

A funny thing happened on April 1, 2020.

After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.

Read more

Conferences & Training

NMC Annual conference 8-11 SEPTEMBER 2021 - ONLINE

NMC2021 will be an innovative virtual event mixing online activities.

The virtual program will provide a unique opportunity for attendees to be immersed and engaged in the conference experience in an online environment, offering learning, knowledge sharing and networking opportunities and other unique activities. The full virtual program will be released soon.

Read more

Anything Else

Kate ‘trying to mediate’ reconciliation between Harry and William, uncle says

Kate Middleton’s uncle says she is “trying to mediate” and settle the rift between Prince William and Prince Harry.

Gary Goldsmith — the brother of Kate’s mother, Carole Middleton — told Closer magazine that William’s wife is a “brilliant arbiter and peacemaker” who can hopefully help repair royal relations following Harry and Meghan Markle’s explosive claims about the family.

Read more

'Law & Order: SVU' Star Ice-T Hosts New Legal Series 'The Mediator'

When Ice-T was not solving fictional crimes on Law & Order: Special Victims Unit, he helped real people solve disputes in The Mediator with Ice-T earlier this year.

There were only 11 crew members on the show, which debuted on Fox-owned stations, but none of them were paid. In an interview with Deadline on Friday, creator Andre Jetmir vowed to have the situation fixed by Tuesday, June 15.

Read more

Insurance Reminder


Please remember that Insurance is compulsory for National Accreditation and Family Dispute Resolution Practitioners. Policy renewal reminders for AMA members are currently being sent. We have now deployed a more friendly service online which will ensure that your policy is only a few clicks away and takes only a few minutes. In line with our commitment to utilise technology and ensure the ease of access for our members to our services, we are incorporating an online insurance component to our website to reduce the amount of administrative forms used and to streamline the processing of dispute resolution insurance applications. Click here to renew or take out a new policy.

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