ADR E-News December 2021

Australian Mediation Association

ADR Enews - December 2021

The team at the Australian Mediation Association and the Mediator Training Academy would like to wish you a happy and safe holiday period.

Our office we be closed from 24 December 2021 until 10 January 2022. Please contact via us the website in the meantime.

2022 Training & CPD

2022 NMAS course & webinar program released (CPD)

Continuing Professional Development Online Webinars

The 2022 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.

Please find our 2022 program and register here

NMAS Online Mediator Qualification Course 2022

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.

Click HERE for more info: read the full brochure and Register via mail or e mail
Or Register Online HERE

2022 Course Commencement dates (3 intakes/year) - each course is of 4 weeks duration online:

Week commencing 7th March 2022
Week commencing 6th June 2022
Week commencing 3rd October 2022

Enrolments are open for 2022 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 2022. 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 2022 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

Mediation fails in Peter Dutton’s defamation suit over tweet

Defence Minister Peter Dutton and a refugee advocate he is suing for defamation have failed to resolve the dispute over a tweet during mediation, despite strong encouragement from a Federal Court judge to settle the fight outside court.

Mr Dutton and Shane Bazzi, who has crowdfunded $150,000 for his legal costs, attended a court-ordered mediation on Friday via webcast.

A defamation battle between Clive Palmer and Mark McGowan is set to drag into next year, with domestic border closures having prevented mediation.

The Federal Court on Friday rejected the West Australian premier's bid to have the matter pushed back until the second half of 2022.

Read more

Renters, landlords in limbo after COVID crashes dispute tribunal

Thousands of Victorian renters and landlords are in limbo and unable to get a tribunal hearing to sort out disputes, including over bonds, due to disruption from the COVID-19 pandemic.

Organisations that represent both renters and real estate agents say the Victorian Civil and Administrative Tribunal is in immediate need of more funding and staff to address the delays, with the tribunal wrestling a mammoth task to move its antiquated system online.

Read more

Australia signs the Singapore Convention on Mediation

The Australian Government has reinforced its commitment to mediation as a method of international commercial dispute resolution with the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention.

The Convention establishes a uniform framework for the enforcement of international commercial settlement agreements resulting from mediation.

Read more

Football Australia welcomes independent review process

Football Australia welcomes the development of an independent complaint management process to enable current and former footballers and staff to bring forward concerns regarding alleged abuse, harassment or bullying in relation to Football Australia’s national teams and the A-Leagues.

Under the agreement, Sport Integrity Australia will receive, assess, and manage all complaints, ensuring all concerns are heard and assessed independent of Football Australia.

Read more

Sport NZ move to make sport safer with new integrity unit, mediation service and community guidance portal

Sport New Zealand has moved to make sport safer, with the introduction of an independent mediation service, an independent integrity work group and a new community guidance portal, with a focus on safeguarding children.

The new initiatives are amongst the 22 recommendations from the Sport NZ 2019 Sport Integrity Report, announced at the Wellington Regional Aquatic Centre on Wednesday.

Read more

Utilities Disputes boosts dispute resolution research with new $25,000 scholarship

Utilities Disputes Limited (UDL) is introducing a new scholarship open to applicants who have an interest in dispute resolution in the utilities sector.

The scholarship is worth up to $25,000 annually and can be shared by one or more applicants.

Read more

Government not keen on bringing back commercial rents dispute scheme which had tiny uptake

The Government’s subsidised commercial rents dispute resolution scheme settled only 20 disputes related to the 2020 lockdown in nine months.

The Government made $40 million available for the scheme but it spent $212,645 (excluding GST) on it, the Ministry of Justice said. It ran from late September last year until the end of June this year.

Read more

Covid-19: Employment Relations Authority orders urgent mediation between nurses' union and Auckland District Health Board

The New Zealand Nurses Organisation (NZNO) has complained to the Employment Relations Authority about Auckland District Health Board’s (ADHB) visitor policy at Auckland City Hospital.

The nurses’ union said on Saturday it had taken action after the district health board didn’t meet for mediation with the nurses’ organisation on Friday, to discuss the policy.

Read more

KiwiRail worker strikes still on as mediation stalls: union boss 'optimistic' of resolution

Mediation between state-owned KiwiRail and the union representing its workers has so far failed to avert the threat of strike action likely to further choke New Zealand's stressed supply chain and disrupt holiday plans in the run-up to Christmas.

Rail and Maritime Transport union general secretary Wayne Butson said facilitated mediation on Monday was "very short, and we weren't able to get any form of pathway" to a pay talks resolution.

Read more

International

Why Sri Lanka Should Mediate In Solving Rohingya Refugee Crisis?

For decades, Myanmar has gone through extreme cruelty to the Rohingya. Never cared about the law.

The Rohingya problem is not new to Bangladesh.

Read more

Mediation key to help heal rifts between neighbours, within families

SINGAPORE - Community mediators have seen an increase in requests for help with neighbour disputes as more stay home during the Covid-19 pandemic and frictions increase, said Second Minister for Law Edwin Tong.

However, more can still be done to help resolve such conflicts so these cases do not escalate to the courts, he said.

Read more

ASEAN leaders to urge Myanmar to allow envoy visit for mediation

Leaders of the Association of Southeast Asian Nations will continue to press Myanmar to allow the group's special envoy to visit the country to try to mediate among the feuding parties, according to a draft of a chairman's statement to be issued at this week's ASEAN Summit.

The draft seen by Kyodo News implicitly calls on the junta to implement its commitment to a five-point consensus agreed by ASEAN leaders in April to help find a solution to the country's political crisis, "including by facilitating the visit of the Special Envoy to Myanmar to build trust and confidence with full access to all parties concerned."

Read more

Courts should be last resort for dispute resolution: CJI N V Ramana

“My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to courts as a last resort. Use this last resort only after exploring the option of ADR (Alternative Dispute Resolution),” Chief Justice of India N V Ramana said.

Chief Justice of India N V Ramana on Saturday said that courts should be the last resort for dispute resolution and one should explore alternatives like arbitration, mediation and conciliation before approaching the courts.

Read more

Articles

Aussie Dispute Resolution Agency Expels USGFX Membership

The membership was expelled on November 11.

The Australian Financial Complaints Authority (AFCA), which acts as an external agency to resolve the disputes, has expelled the membership of Union Standard International Group Pty (USGFX) on November 11, meaning it will no longer accept any customer complaints against the doomed broker.

Read more

AFCA launches new platform to improve dispute resolution

The Australian Financial Complaints Authority (AFCA) today launched a new digital platform to help financial services firms better manage disputes that reach the ombudsman service.

The new AFCA member benchmarking dashboard is an interactive platform for financial firms that provides near real-time complaints data, which is updated daily and gives individual firms a greater understanding of their complaints, including how quickly they are being resolved.

Read more

Australia: Expert determination under GC21 - alternative dispute resolution can create disputes

Because disputes are common in construction projects, most construction contracts contain alternative dispute resolution (ADR) clauses requiring disputes to be resolved by processes such as mediation, arbitration and expert determination.

The main purpose of ADR is to save time and money and to keep matters out of Court, away from public scrutiny. However, sometimes ADR provisions themselves are the cause of disputes.

Read more

Mediation is on the rise – how can you strengthen the process?

The popularity of alternative dispute resolution (ADR) looks set to increase as excessive and ever-increasing court backlogs continue to delay access to justice.

Most Australian courts already have statutory powers to refer cases to mediation and some regulations make the process mandatory.

Read more

Student-designed AI tool addresses family law mediation concerns

An AI sentiment analysis tool designed by Queensland law students could forever change the game for mediation in family law matters, including by reducing the time and money spent resolving a case and responding to the high stress and emotions.

Using the highly innovative technology solution PEAM (Preparing Emotionally Aware Mediation), four University of Queensland students have created a solutions-focused tool that will allow individuals in family court matters to better communicate, which could ultimately affect the outcomes of matters and deliver more efficient resolutions.

Read more

Australia: All I want for Christmas (is to avoid a lawsuit): A Christmas Party Planning Guide for Employers

The festive season is nearly here and Murray Thornhill, Director, and Gemma Wheeler-Carver, Associate, in our Dispute Resolution and Employment Law teams have prepared this guide for planning your work Christmas party.

Employers have an obligation to provide a safe workplace to their employees, even at social events like your annual Christmas party or client function.

Read more

What will the new dispute resolution process look like in the Federal Circuit and Family Court of Australia?

On September 1, 2021 the newly merged Federal Circuit and Family Court of Australia (FCFCOA) began operating, and with it, came a raft of new changes as to how family law cases will be managed in the new system.

One of the notable changes was an increased focus on all parties involved in parenting and property matters to undertake dispute resolution (where safe to do so), with the aim of resolving matters swiftly and fairly without having to proceed to trial unnecessarily.

Read more

Australia Has An Opportunity To Mediate The Conflict In West Papua

Engaging in a process to resolve family law disputes can be a daunting process.

It is well known that matters taken to the Court are time-consuming and result in costly fees for both parties.

Read more

Australia: Why use Alternative Dispute Resolution to resolve your family law matter?

The great power competition that has emerged between the United States and China over the Indo-Pacific has seen Australia and Indonesia enhance political linkages to retain their regional autonomy.

This renewed cooperation between Canberra and Jakarta is described under the umbrella of the Plan of Action for the Indonesia-Australia Comprehensive Strategic Partnership (2020-2024).

Read more

Arbitration insights: Australia. Med-Arb

Mediation and arbitration are commonly used dispute resolution methods. Both processes have their pros and cons and this article considers whether it is possible to combine the advantages of both in a “Med-Arb” process.

What is Med-Arb?

Read more

Eight Ways To Mediate Conflict And Generate Positivity Within Your Team

When you work in a team setting, conflict is inevitable.

However, when members of your team aren't getting along, the negative energy can be toxic for the entire team and the business can suffer as a result.

Read more

Experts suggest reforms in alternative dispute resolution landscape in South Asia

Internationally reputed legal minds joined the webinar and spoke on the current scenarios in respect of the ADR landscape in South Asia and suggested required reforms in the field.

Bangladesh International Arbitration Centre (BIAC), the first and only registered Alternative dispute resolution (ADR) institution of the country organised its 15th webinar from a virtual platform on September 5 on: “ADR Landscape in the South Asia Region: Suggested Reforms’’, jointly with its partner organisation Indian Institute of Arbitration & Mediation (IIAM), one of the pioneer institutions in India, providing institutional ADR, according to a press release.

Read more

Anything Else

MSB NEWSLETTER – DECEMBER 2021

This newsletter is circulated to member organisations, current and former Directors, and interested NMAS trainers/coaches/assessors. It is also uploaded to the MSB website.

NMAS REVIEW – EFFECTIVENESS SURVEY RESULTS

The review process follows a particular methodology that provides various opportunities for participation. This has so far included the Effectiveness Survey, which aimed to gauge general levels of satisfaction with the NMAS and general information on demographics and mediator workloads.

There were over 500 complete survey responses and some very interesting results. The Survey Results have been divided into 4 parts (or 4 reports). The first of these reports is now ready for you to access in full on the NMAS Review website – www.nmasreview.com.au

To keep up to date with findings as they are released (in part and then in full) follow the Mediator Standards Board on LinkedIn and keep an eye on the MSB Website.

We also encourage you to visit and subscribe to www.nmasreview.com.au so that you can be part of the most inclusive part of the review – The Main Survey.

The Main Survey will be released once the Pilot Survey is completed. We are currently working with the review team at Resolution Resources regarding the timing of release, as we want maximum engagement. With lockdowns and screen fatigue we are conscious that now might not be the best time for optimal engagement. But do bear with us – because we want ALL of your responses in the mix. We want to see you and your experiences reflected in the data that emerges, and in the recommendations for any changes to the NMAS.

We also encourage you to visit www.nmasreview.com.au to read about the review process so far, and to access a recorded conversation between MSB Chair Bianca Keys and Resolution Resources.

Mediator Mugs Breaking Out!

Progress in the mediation field is often a bit abstract, if not illusory.

Related, humor in mediation has historically often been frowned upon as risky, if not insensitive.

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.

Spam Act

This email has been sent to you or your organisation because we believe we have an inferred consent from you due to our existing stakeholder and/or business relationship. As required by the Spam Act, which regulates unsolicited commercial electronic messages, we have provided the option for you to unsubscribe (see Unsubscribe Link below) from future notices from the Australian Mediation Association. Should you have any queries about this message, please contact our Communications Manager on 1300 MEDIATE (633 428) or email info@ama.asn.au

Australian Mediation Association | www.ama.asn.au | ph 1300 MEDIATE (633 428)