Events

UPCOMING EVENTS

CLIFF PICTON
THURSDAY 4 MAY 2017
UNIVERSITY OMBUDSMAN: THE NATURE, DYNAMICS AND CHALLENGES 

Universities in Australia are experiencing significant turbulence and change.   They are, and must operate as, big businesses while conducting their core business of being a university. Managerialism and corporate thinking can clash with a deeply ingrained ethos of academic purpose and freedom.    Growing numbers of fee-paying international students – many from countries whose educational culture and principles differ from that in Australia - bring particular pressures to the educational systems of universities.   Within these complex dynamics sits the University Ombud – working to provide advice and assistance in resolving complaints or grievances regarding both academic matters and administrative decisions.   
Cliff Picton former Ombudsman of La Trobe University, will speak on his experience in the role and the key role played of Ombudsman as an impartial party to resolving conflicts in higher education institutions.  As with all VADR professional development events, this will be an interactive and engaging session – with ample opportunity for questions and discussion.  

About Cliff Picton. 
Prior to assuming the role of Ombudsman of La Trobe University, Cliff was Associate Dean (International) of the Faculty of Health Sciences as well as Director of the Regional Centre for Social Development in La Trobe's Department of Social Work and Social Policy.  He headed the Graduate School of Social Work at La Trobe for several years.  Previously, he served on the faculty of Monash University and before that Leicester University. Mr. Picton’s areas of expertise include social development, ageing, and child and family welfare. He has served as Secretary-General of the International Federation on Ageing;  editor of three journals—the Journal of Family Studies, Australian Journal of Child and Family Welfare and Australian Journal on Ageing; and author of many publications on social work education, ageing, and inter-country adoption. Mr. Picton travelled extensively on behalf of La Trobe University and served as a consultant to the International Labour Organization.

This is a VADR CPD event (free for members) and carries one CPD point. 

When:    Thursday 4 May 2017
Time:      5.45pm (registration/networking) for 6.15pm to 7.15pm

Where:  Coopers Inn, cnr Exhibition & Little Lonsdale Streets, Melbourne
Cost:      VADR members: Free.  Non-VADR members $25

Finger food will be provided and drinks are available at bar prices.

If you would like to attend, please email admin@vadr.asn.au.

                       

PAST EVENTS

DR. KARNI PERLMAN
MONDAY 3 APRIL 2017
FROM ADR TO JDR IN THE ISRAELI JUDICIAL LEGAL SYSTEM

Current judging in common law countries, as well as in Israel, is conducted within a settlement culture that prefers resolving disputes with an agreed settlement rather than an imposed verdict.  Dr. Karni Perlman will discuss a wide spectrum of approaches to the contemporary judge’s role and demonstrate it through examples from the Israeli legal system. Perlman will describe factors that impact the way in which Judicial Dispute Resolution proceedings are being conducted in the Israeli court system, and the question of influence of the ADR movement on the evolution of the judge’s role.

Dr. Karni Perlman is a Prof. of Law and head of the non-Adversarial and Therapeutic Justice Center at the Striks School of Law, College of Management Academic Studies, Israel. She serves as a coach of the Striks student teams which participate regularly in an international mediation competition in France. Perlman is the founder and former chairperson of the first Israeli academic mediation center and is an active mediator in the field of commercial and labor law. She teaches DR at Tel-Aviv University, and is also the author of Dispute Resolution: Applying Non-Adversarial and Therapeutic Justice, a landmark book on DR in Hebrew.       

 

DR. ANITA FRAYMAN
THURSDAY 9 MARCH 2017
THE FUTURE OF ELDER MEDIATION

In this presentation, Dr Anita Frayman will distinguish elder mediation from other types of mediation, highlighting how intergenerational conflict may lead to elder abuse. Older people’s well-being is often dependent upon the care and support given to them by members of their social and support networks, the most important of which are usually close family members.  Anita will discuss both the traditional role of the elder mediator in facilitating this support and the way she sees the role developing in the future. She will conclude by inviting input from the audience regarding their experience of elder mediation in their own practices.

Dr Anita Frayman practises as an elder mediator, facilitator, coach and aged care consultant, assisting older people and their families manage and avoid family conflict and elder abuse. She teaches ADR and presents seminars to industry and community groups. Anita’s interest in ageing includes cultural diversity, intergenerational conflict, elder abuse and the social and support networks of older people.  Anita is a nationally accredited mediator and qualified lawyer with a PhD on cultural diversity and ageing. She is an adjunct researcher at Monash University, a member of the Elder Mediation Australasia Network, executive of the Australian Association of Gerontology (Vic), and serves on a quality and services committee of an aged care and welfare organisation.

 

VADR AGM
28 NOVEMBER 2016

VADR's Annual General Meeting was held on Monday 28 November 2016. The office-bearers were all re-elected, Deborah Macfarlane President, Ian Smith Vice-President, Anthony Grimes Secretary, and Stephen Graham Treasurer. Of the Committee members, Robert Turner resigned after many years' sterling service on the Committee; the others were all re-elected: Rowyn Dickins, Lucy Hase, Rebecca McKelvie, Ena Shaw and Maartje Van der Vlies-Jacobe. Two new members were elected and welcomed onto the Committee: Vince Thorne and Marg Leser.

ROB JAGGER
MONDAY 28 NOVEMBER 2016
MAXIMISING THE VALUE OF YOUR BUSINESS WITH A MASTER PLAN

Most people go into business for all the right reasons. They start with the passion and desire to work when and how they want, maximising their income in the process.  Unfortunately, things often don’t turn out as planned and their business starts taking over their lives. So rather than freedom, they get stuck on the treadmill of busy-ness. However, it doesn’t have to be like this. Sometimes all that’s needed is to refocus that initial energy. The presentation takes you through the nine impact points of a Business Master Plan and how business owners can use them to: take their business from chaos to control; develop a logical order for their business objectives; build a platform for growth; and structure their business to run without them.

Rob Jagger is a Business Coach and Business Exit Strategist with more than 20 years’ broad experience across commercial, manufacturing, financial administration and supply chain sectors. He has an MBA(E) from the Australian Graduate School of Management (AGSM) and is a Certified Exit Planning Adviser (CEPA) from the Exit Planning Institute® (Chicago). Rob is passionate about helping business owners seek out new opportunities, grow their business and improve their work-life balance.

Click here to download a PDF powerpoint document covering this presentation.

 

ANDREW SATTERLEY
THURSDAY 20 OCTOBER 2016
ADR IN RICHMOND:  THE WORK OF THE STREET PASTORS

In recent years, in the UK and now Australia, Street Pastors, trained in conflict resolution and handling high conflict people, have been working in city hot spots aiming to reduce conflict, violence and other potentially dangerous situations for people out late at night. Comprising members of a number of churches, the Street Pastors liaise with police, council and ambulance services, and there is good evidence the streets in these often difficult areas are now much more peaceful. Andrew Satterley spoke about the work currently being carried out by his group, and the characteristics required of street pastors, which closely parallel those of traditional mediators.

Andrew Satterley has been a Senior Nurse in Critical Care for the past 28 years working across many specialties. At present he is a Clinical Nurse Specialist in the Austin Hospital and project managing the use of Patient Diaries to reduce the psychological effects of ICU admission and decreasing the incidence of post-traumatic stress disorder. For the past eight years he has been in a leadership role in the Street Pastor initiative, commencing in the UK, then Melbourne, where he has taken on the role of Coordinator of Yarra Street Pastors. The group works closely with Victoria Police and Yarra City Council to help create a safer environment for our night time economy.

Please click here to download a flyer about this event.

 

CATHERINE HOGAN
THURSDAY 22 SEPTEMBER 2016
WORKING WITH ADOLESCENTS IN FAMILY DISPUTES

Catherine’s presentation, while based around the parent/adolescent mediation model, was of interest for anyone who lives with or works with adolescents.  The presentation was also highly relevant to those who work with separating adults who have adolescent children to consider when creating parenting plans. Catherine’s presented a parent/adolescent mediation model and highlighted the need for a therapeutic focus and appropriate developmental awareness when working with teens in a family setting. The night was entertaining and informative as Catherine took the audience back on a journey through the adolescent years in the hope that they would be able to connect well in mediation with this somewhat challenging client group.
Catherine Hogan (B.B.Sc., Grad Dip Ch & Adol Psych, FDRP) is a qualified trainer and Counselling Psychologist with over 20 years’ experience in psychology and mediation services.   She has worked with adult and adolescent clients in the areas of parent/adolescent mediation, child inclusive practice in FDR and in individual and family counselling.   Catherine is experienced in delivering training packages to the community and private sectors and is known for her interactive and entertaining delivery style.


PRIVATE PRACTITIONERS’ SPECIAL INTEREST GROUP

TUESDAY 6 SEPTEMBER 2016

The following topics were discussed: (a) business management – referrals and subcontracting; (b) Triage/readiness to participate in ADR


WORKPLACE SPECIAL INTEREST GROUP

THURSDAY 25 AUGUST 2016
MULTICULTURAL HUB, 506 ELIZABETH STREET, MELBOURNE

Following on their thought-provoking session at Cooper's Inn in April, Meriel O'Sullivan, Murray Bickerdike and Stephen Graham presented on the topic: Bespoke Interventions - a process for triaging workplace conflict situations. This session shared ideas on how best to assist clients choose the most appropriate conflict resolution intervention.


PROFESSOR LAWRIE MOLONEY

THURSDAY 11 AUGUST 2016
MEDIATION MODELS AND THE PERSON OF THE MEDIATOR: ARE THERE LESSONS FROM COUNSELLING AND PSYCHGOTHERAPY RESEARCH?
For this presentation, well known researcher Professor Lawrie Moloney drew from his recent research review “Defining and delivering effective counselling and psychotherapy”.  He made the following points. Research has indicated that common factors appear to be present in all successful counselling outcomes. These factors suggest the need for a shift in focus from evaluating the efficacy of different counselling models to the need for research on counsellor training and development of counsellor expertise.  In addition, the formalisation of a feedback-informed approach through validated, user-friendly client feedback allows monitoring of outcomes on both a case-by-case and an aggregate basis. Finally, Professor Moloney discussed how these findings provide a way to develop an ongoing accountability framework for counsellors, counselling agencies and their funders. 

 

CAROLYN WORTH AM
MONDAY 18 JULY 2016
RESTORATIVE JUSTICE, SEXUAL ASSAULT AND FAMILY VIOLENCE

For some 40 years, women’s groups and some of the legal fraternity have fought for legislative changes to make the judicial system take sexual assault seriously.  Why would we even consider looking at restorative justice for sexual assault and family violence?

Carolyn Worth has been the Manager of the South Eastern Centre Against Sexual Assault (CASA) for 23 years.  Prior to this position she worked for 10 years in the Family Court of Australia as a Court Counsellor. She is the spokesperson for the CASA Forum which is the peak body for the Centres Against Sexual Assault in Victoria. Carolyn sits on a number of advisory committees and is the recipient of the Robin Clark Memorial Award, is on the Victorian Honour Roll of Women and has received an OAM.

Click here to download a flyer about this event.

 

PROFESSOR JILL KLEIN, MELBOURNE BUSINESS SCHOOL
TUESDAY, 14 JUNE 2016
COGNITIVE BIASES IN DECISION MAKING

Many decisions need to be made in the course of a mediation by the parties. The mediator also needs to make process decisions. As we form judgments and make decisions we fall prey to predictable and consistent errors. These biases include the overconfidence bias, the confirmatory bias, the framing bias and the anchoring bias. They can impact the quality of our decisions and escalate conflict. Fortunately, there are remedies that can be applied to avoid or overcome these biases. This session will provide a discussion of cognitive biases and how we can manage them in order to make optimal decisions.

Jill Klein is a Professor of Marketing at Melbourne Business School. Her current teaching specialties are Managerial Judgment, Resilience, Emotional Intelligence and Marketing Research. Jill received her Ph.D. in Social Psychology from the University of Michigan in 1990. She subsequently worked for seven years in the Marketing Department at Kellogg Graduate School of Management, Northwestern University, and spent periods as Visiting Professor at Bond University School of Business, Queensland, Australia, Helsinki School of Economics and Business Administration, Finland and The Fuqua School of Business, Duke University.  From 1997-2008 she was on the faculty at INSEAD (France), including four years on the INSEAD-Asia campus in Singapore. Jill has had articles published in Harvard Business Review, Sloan Management Review, Management Science, Journal of International Business Studies, Journal of Marketing, and the British Medical Journal.  She has extensive experience in consulting and executive education with many international firms, including Ericsson, AstraZeneca, Toshiba, Syngenta and Adidas.

Click here to download a flyer about this event.

 

SOFIE GEORGALIS AND KATIE BATES
THURSDAY, 2 JUNE 2016
SEXUAL HARASSMENT DISPUTES – NOT JUST A PERSONAL MATTER

The way we view and conciliate disputes of sexual harassment is changing. We have seen through the Federal report into the Department of Defence and VEOHRC's own independent review into sex discrimination and sexual harassment in Victoria Police that the impact of such harassment in the workplace runs deep. The case law around sexual harassment is also changing and damages are increasing to reflect community expectations that sexual harassment can no longer lightly be dismissed. In this current climate, it is timely we reflect on these changes and discuss how they can impact on the way disputes of this nature can be resolved through conciliation.

Sofie Georgalis is a Senior Adviser in the Dispute Resolution Unit at the Victorian and Equal Opportunity Commission (VEOHRC). She has previously worked at the Australian Human Rights Commission.  Sofie has significant experience in dispute resolution and conciliation in anti-discrimination and human rights law.  Sofie has worked as a FDRP and solicitor in the Northern Territory, and is a nationally accredited mediator.

Katie Bates is an Adviser in the Dispute Resolution Unit at the VEOHRC, having previously been employed as a Conciliator at the Australian Human Rights Commission. Katie has practised as a solicitor at the North Australian Aboriginal Justice Agency in Darwin. She has extensive experience in conciliation and dispute resolution as both a conciliator and an advocate across Australia.

Click here to download a flyer about this event.

 

CATHY GALE, ENA SHAW, DARRYN HOCKLEY
TUESDAY, 17 MAY 2016
WORKING TOGETHER IN COLLABORATIVE LAW

It is not always easy to settle all matters relating to a family dispute in a straightforward mediation or family dispute resolution.   Collaborative law is interdisciplinary, using the skills of all the professionals required to enable the family to reach agreement. The panel, comprising a family lawyer, a family dispute resolution practitioner and a forensic accountant, discussed how an interdisciplinary collaborative team works with a family and how this is different from other forms of ADR such as mediation.

The Panel

Cathy Gale. Cathy is the Director of Resolve Conflict Family Lawyers, a firm which specialises in helping couples separate with dignity and where possible reach agreements without going to Court. She has practised as a Family Lawyer for more than 35 years, is the author of two books on Family Law and lectures on Collaborative Practice at Monash University. In addition, she is an accredited Family Dispute Resolution Practitioner and Mediator. Cathy has been at the forefront of the development of Interdisciplinary Collaborative Practice in Australia. For 6 years she sat as a member of the Board of the International Academy of Collaborative Professionals and currently chairs the Law Institute of Victoria’s Collaborative Practice Section.

Ena Shaw. Ena is a registered psychologist, a registered Family Dispute Resolution Practitioner and a Nationally Accredited Mediator.  She has worked with separating and divorcing families for over 30 years.  She has also worked with families in crisis and homeless youth, offering counselling and therapy.  She believes that children need to have both parents in their lives and that parents are the best people to make decisions for their children rather than a court, as conflict after separation is very damaging to children.  Family dispute resolution or collaborative processes are superior ways of dealing with separation because they enable the parents to make considered decisions are about their children’s well-being in a non-adversarial setting. Ena is a registered family dispute resolution practitioner, registered psychologist, member of the Australian Psychological Society and a Nationally Accredited Mediator.  Her qualifications include a Masters of Educational Psychology, Bachelor of Science (hons.), Bachelor of Arts, Trained Infant Teachers’ Certificate, Certificate IV in Training and Assessment and a Vocational Graduate Diploma of Family Dispute Resolution.

Darryn Hockley. Darryn is a Forensic Consulting Partner at Grant Thornton. A qualified Chartered Accountant and an accredited business valuer he has post graduate accreditation in applied finance & investment and forensic accounting.  Darryn is collaboratively trained and has acted as a financial independent in collaborative family law matters including matters with very complex financial structures.  His professional experience includes acting in collaborative and negotiated settlements, as well as acting in family law matters dealt with through the traditional adversarial process, often as an expert witness. Darryn will talk about the role a financial independent plays in a collaborative family law matter including the challenges that are often confronted in these matters.  He will contrast this role with that traditionally played by a forensic accountant in a family law matter played out through the Courts either as an expert appointed by both parties or as an expert for one party.

 

PRIVATE PRACTITIONERS SPECIAL INTEREST GROUP
3 MAY 2016

Please note that this venue will also be used for all remaining meetings of the SIG in 2016. Those meeting dates are as follows:

  • Tuesday 5 July 2016
  • Tuesday 6 September 2016
  • Tuesday 8 November 2016.

 

WORKPLACE PANEL
THURSDAY, 14 APRIL 2016

FROM TRIAGE TO CASE MANAGEMENT: CRAFTING BESPOKE INTERVENTIONS

A joint VADR/VARJ workplace special interest group was established in April 2015, after a well-attended panel presentation and discussion at Coopers Inn. The group has met bi-monthly through 2015 and early 2016 for some engaging and illuminating discussions. On 14 April, three members of the group, all experienced workplace mediators, chaired a panel presentation on the topic:  From triage to case management: crafting bespoke interventions hosted by both VADR and VARJ. They were joined by Professor Jerry Goodstein, visiting Australia from the Carson College of Business at Washington State University, Vancouver.  Dr David Moore facilitated the panel. A summary of the Panel discussion is available here.

The Panel

Professor Jerry Goodstein has worked as Professor in the Department of Management of the College of Business, Washington State University, Vancouver since 2002, teaching Strategy Formulation and Implementation, Managing Stakeholder Relationships, and Business Ethics. Major research interests include restorative justice in organisations, organisational ethics and organisational governance.  He is in Australia, in part, to work on a project with Australian colleagues on the use of workplace conferencing in organisations.

Meriel O’Sullivan has had two decades' experience as an employee relations practitioner and advocate, working across the public, private and community sectors. She has postgraduate diplomas in dispute resolution and labour relations law, using these qualifications in her practice as a nationally accredited independent facilitator and mediator.

Murray Bickerdike has been involved in workplace investigation and conflict resolution for 30 years, and has conducted thousands of investigations for public and private-sector employers, law firms and insurers. His qualifications cover law, OH&S, security, fraud investigation, risk, training and mediation.  Among his many activities, Murray works as a nationally accredited mediator, assisting employers to respond more effectively to conflict. 

Stephen Graham has worked in the area of workplace relations for more than 20 years.  He established his firm Trisigma 14 years ago, and has since specialised in organisational performance. His original degree was in Economics, majoring in industrial relations, with postgraduate diplomas in dispute resolution and education. He is also nationally accredited.   

David Moore (facilitator) has supported individuals and organisations to change adaptively and communicate constructively. Much of this work has been done as Principal Consultant with Sydney-based Primed Change Consulting. Since returning to Melbourne in 2005, David has also consulted independently, and been a founding committee member of the Victorian Association for Restorative Justice, of which he is currently President.

 

TREASURE JENNINGS, PUBLIC TRANSPORT OMBUDSMAN
TUESDAY, 16 FEBRUARY 2016
BEST PRACTICE IN THE OFFICE OF THE PUBLIC TRANSPORT OMBUDSMAN

On 16 February 2016 Treasure Jennings, the Public Transport Ombudsman, spoke about the work of her Office. The Public Transport Ombudsman deals with over 4000 complaints and enquiries about public transport issues annually, employing 4 conciliation officers and 2 case officers. The PTO forms part of the overall consumer protection framework and provides access to justice for consumers of public transport services.  Treasure spoke about best practice ADR in her sector, what conciliation aims to achieve for the customer and future trends in the industry.

Treasure Jennings became Victoria’s fourth Public Transport Ombudsman in December 2014 after working as the General Manager of Operations at the Victorian Energy and Water Ombudsman. She has held a number of senior roles in public, private and not for profit sectors within transport, adult education and the airline industries.  Treasure has post graduate qualifications in Organisational Leadership and is currently undertaking the final leg of a Masters in Dispute Resolution.

Click here to download a flyer about this event.

 

WORKPLACE INTEREST SPECIAL INTEREST GROUP
18TH FEBRUARY 2016
UNDERSTANDING WORKPLACE STRESSORS

Organiser: Tony Fell
Date: Thursday, 18 February 2016
Time: 6.00 to 7.30 pm
Venue: To be advised.

 

 

INAUGURAL PRIVATE PRACTITIONERS SPECIAL INTEREST GROUP
3RD FEBRUARY 2016.

 

WORKPLACE CONFLICT SPECIAL INTEREST GROUP MEETING
3 DECEMBER 2015

The final meeting of the year for the Workplace Conflict Special Interest Group took place at:
6pm, 3 December 2015 at La Trobe University CDB, 360 Collins St, Level 20. Lynne Witynski from the State Services Authority was the guest speaker. Lynne Witynski from the State Services Authority spoke about her role in promoting ADR during her time with the State Services Authority: what she did, what worked, what didn't and what she would have done differently with the benefit of hindsight.

 

CATHERINE AIRD, DEPUTY PRESIDENT VCAT
MONDAY, 30 NOVEMBER 2015
THE USE OF ADR IN VCAT’S BUILDING AND PROPERTY LIST DISPUTES

Cathy Aird, Deputy President, VCAT and head of VCAT’s Civil Division and Building and Property List gave a brief overview of VCAT's jurisdiction and structure before outlining case management processes in the resolution of building disputes in the Building and Property List of VCAT. Catherine focussed particularly on the use of ADR in the resolution of building disputes, including mediation, compulsory conferences and expert conclaves/hot tubs etc.

Cathy heads the Civil Division of VCAT and since 1 July 2014 has been head of the new Building and Property List which merged the Domestic Building, Retail Tenancies and Real Property Lists. She has been a tribunal member since 1996 when she was appointed as an inaugural member of the Domestic Building Tribunal, was appointed as a Deputy President of VCAT in 2004 and has held a number of other positions in VCAT since that time. She has degrees in Economics and Law from Monash University, was an inaugural mediator with the Aged Care Complaints Resolution Scheme from 1998 to 2004 and was the consumer representative on the Architects Registration Board for 8 years.  Cathy is an experienced, accredited mediator and has a strong commitment to ADR, having implemented a number of ADR processes across the Lists for which she has been responsible.

SUMMARY

Click here to download a summary of this presentation.

Catherine’s presentation was followed by the 2015 Annual General Meeting.  A copy of the President’s Report is on the Home Page and in the Members’ Area

 

JILL RABY
THURSDAY, 15 OCTOBER 2015
CURRENT MEDIATING WHERE THE STAKES ARE HIGH: INTERNATIONAL CHILD ABDUCTION CASES

On 15 October 2015 Family Law specialist Jill Raby spoke on the topic: Current Mediating where the stakes are high: International Child Abduction Cases. Jill had just returned from Japan where she conducted cross national training for mediators in relation to Australian/Japanese Hague Convention Matters. She discussed the guidelines for mediation in such matters against the background of the challenges and learnings for mediators who deal with family conflict in an increasingly globalised world.

Jill has been an accredited Family Law Specialist since 1990. She worked in the Family Court from 1993 to 2003, first as a Deputy Registrar, then Senior Deputy Register and finally Senior Registrar from 1999. Since 2003 Jill has been running her own business providing services to a range of organisations and the profession. Her work includes chairing VLA’s Family Dispute Resolution Service conferences. She holds a Graduate Vocational Diploma in Family Mediation, is a registered Family Dispute Resolution Practitioner, and is accredited under the National Mediator Accreditation Scheme. Jill is also currently appointed as an External Decision Maker for the Child Support Agency where she determines applications for review of child support assessments. She works closely with lawyers and professionals from other disciplines such as Psychology and Social Work to promote better working relationships across the Family Law system.

SUMMARY

Click here to download a summary of this presentation.


 

JENNIFER MCINTOSH
WEDNESDAY, 18 NOVEMBER 2015
RESEARCH UPDATE. CURRENT FINDINGS ON CHILDREN AND SEPARATION : OUTCOMES AND PATHWAYS OF IMPACT

On 18 November 2015 when well-known researcher Jennifer McIntosh spoke on the topic: Research update. Current findings on children and separation: outcomes and pathways of impact.  Jennifer will discussed the latest research on divorce, its pathways of impact on children, and effective evidence-based interventions. She contended that family law interventions continue to provide unique opportunities to assist parents and children to recover from conflicted separations, reinforced by the new professional resources now available to parents from the website developed by Jennifer and her colleagues:  www.childrenbeyonddispute.com.   

Jennifer McIntosh is a clinical and developmental psychologist, and researcher. She is Professor of Perinatal Studies at Deakin University, Adjunct Professor at La Trobe University, Senior Fellow at Melbourne University and Honorary Fellow of the Murdoch Children's Research Institute. She is also the Director of Family Transitions. Jennifer’s research focus has been on developmental outcomes for children of family trauma and parental separation, with emphasis on interventions that minimize negative impacts on children. She has pioneered and researched approaches to Child Inclusive Mediation, teaching this method throughout the world, and most recently created the DOORS Family Law Risk Screening Framework for the Commonwealth Attorney General’s Department. Her research and clinical models have been pivotal to multiple innovations in the Australian Family Law service sector. She is a recipient of the AFCC Stanley Cohen Distinguished Research Award for outstanding research achievements in the international field of family and divorce.

 


WORKPLACE CONFLICT SPECIAL INTEREST GROUP MEETING
8 OCTOBER 2015

The next meeting of the Workplace Conflict Special Interest Group took place at:
6pm, 8th October 2015 at La Trobe University CDB, 360 Collins St, Level 20

 

ROBERT WRIGHT
THURSDAY, 23 JULY 2015
DISPUTES ARISING IN NOT-FOR-PROFIT ASSOCIATIONS

Most Australians are members of at least one association, and many serve on association committees and boards. Various conflicts can arise in this setting, including financial, legal and personal disputes. They are often problematic because of the close relationship between the parties, and/or the potential threat to the existence of the association. Solicitor Robert Wright s discussed how these disputes most commonly arise, the types of personalities involved, and the most productive ways of moving forward without damaging the association.

Robert Wright is a Victorian solicitor with 40 years’ experience in associations law. Having acted for associations in all Australian jurisdictions, he is familiar with association laws in all state jurisdictions, as well as the Commonwealth legislation relating to not for profit organisations and is a member of the Australian Charities and Not-for-profits Commission Professional Users’ Group.  He has also acted as the Law Institute representative on the Regulatory Reform Working Group of the Office of the Community Sector which has had major input into the changes to associations incorporation legislation.  In addition, he has acted as the chair of numerous community bodies including a parish council, house museum, community house and choir.

 

PETER LAURITSEN
CHIEF MAGISTRATE, VICTORIA
TUESDAY, 5TH MAY 2015
EARLY NEUTRAL EVALUATION

Following a pilot in 2010, the Early Neutral Evaluation programme was introduced into the Magistrates’ Court Victoria with effect from 1 July 2012.  In this process, the parties present their cases by way of submission on the facts and law to an evaluator who provides them with a non-binding, confidential evaluation of their dispute. Chief Magistrate, Peter Lauritsen, discussed how the process operates, when it is most effective and the success of the programme generally.

Peter Lauritsen became the Chief Magistrate of Victoria on 29 November 2012 after first being being appointed as a magistrate in 1989, and Deputy Chief Magistrate in 2003. Between 1987 and 1989, he was a magistrate for the Northern Territory. During his career, Mr Lauritsen has taken on a range of responsibilities in relation to the management and operation of various Courts and Tribunals, and chaired committees such as the Civil Rules Committee and the Court’s Dispute Resolution Committee.  Externally, he has represented the Court on numerous committees, bodies, boards and advisory groups including the Council of Legal Education, the Courts’ Library Committee, and the Judicial Officer’s Aboriginal Cultural Awareness Committee.

INFORMATION FLYER

Click here to download an information flyer about this event.


MURRAY BICKERDIKE, DR ANNA CHAPMAN, ZANDY FELL & DR DAVID MOORE

TUESDAY, 16TH APRIL 2015

RESPONDING MORE EFFECTIVELY TO WORKPLACE GRIEVANCE AND OTHER SYMPTOMS OF STRESS

Psychological injury claims make up about 10% of all Australian workers compensation claims but consume around a third of the compensation budget, mainly due to long recovery times. And while physical injury claims are reducing, psychological injury claims are not.  In fact, organisational responses often generate more grievance and trauma, exacerbating depression, anxiety and post-traumatic stress associated with work conditions. Common concerns involve workload, job control, and job security.

Professionals working with organisations frequently see the consequences of inaccurate analysis of workplace stressors, and inappropriate interventions. Our expert panel discussed how workplace stress can both be handled more effectively in the short-term, and reduced over time with more effective decision-making and dispute resolution.

THE PANEL

An investigator, a mediator-trainer, lawyer and public health expert, all interested in an experience and evidence-based approach to better policy and practice (please see information flyer for panellists’ details).

SUMMARY DOCUMENT

Click here to download a summary of this panel.

 

GEOFF BROWNE
TUESDAY, 10 MARCH 2015

OVERVIEW OF THE ADR JURISDICTION OF THE SMALL BUSINESS COMMISSIONER

Geoff Browne, the Victorian Small Business Commissioner, provided an overview of the ADR jurisdiction of his Office, its activity levels and outcomes, the impact of recent changes to legislation, and the policy commitments of the new Victorian Government.  He also discussed the approach used for mediator appointment and comment on mediation styles as well as the Mediation Agreement used for all mediations conducted through his Office, and issues that have emerged. Geoff presented several case studies of mediation outcomes and issues arising from these, compared the mediation approaches of his offices with those of other jurisdictions, including Small Business Commissioners in other states, and the different approach to Farm Debt Mediation in Victoria and NSW.

Geoff Browne was appointed to the role of Victorian Small Business Commissioner in October 2011.  Prior to this, he was Deputy Director at Consumer Affairs Victoria for six years.  He has also held senior management positions in the private sector in finance, e-commerce, and telecommunications, and has run his own small business.

 

ELIZABETH BROPHY
TUESDAY, 25TH NOVEMBER 2014

LEGAL AND ETHICAL ISSUES IN ELDER MEDIATION

Elizabeth Brophy’s fascinating presentation focussed on some of the legal and ethical issues arising in the context of elder mediation. Conflict is common in families as the needs of older people change due to chronic illness, frailty or dementia. The older person may need support to make decisions or another person to step into the decision-making role. Dr Brophy discussed how this transition can be very difficult for families and how conflicts can also arise between families and health professionals and aged care service providers delivering care to the older person, potentially jeopardizing ongoing care.  Dr Brophy also discussed the increasing interest in recent years in the use of mediation to resolve or even preventing such disputes, through proactive planning for anticipated changes.

 Elizabeth Brophy (LLB, Dip Soc Studs, MSW (Hons), PhD (Law)) is a barrister and mediator at the Victorian Bar with expertise in elder law, health regulation and medical law.  She trained as a mediator in the USA in 1992 and has been involved in ADR policy, the development of mediation services, ADR education and skill development within professional organisations and universities, and practice as a mediator.  Elizabeth is currently a course leader/instructor in the Lawyers Mediation Certificate, a six-day training program leading to national accreditation), initiated by the Victorian Bar in 2011 for the legal industry.  She is a nationally accredited mediator and a Victorian Bar advanced mediator and has been a member of the Victorian Bar ADR Standing Committee since 2001.

 

LYNNE COULSON BARR
MENTAL HEALTH COMPLAINTS COMMISSIONER
TUESDAY, 28TH OCTOBER 2014

On Tuesday, 28th October 2014, the newly appointed Mental Health Complaints Commissioner, Lynne Coulson Barr will speak on the topic New Approaches to Resolving Mental Health Services Complaints.
The need for an independent specialist mental health complaints body was identified from community consultations and feedback in the context of mental health legislative reforms consultations. The Mental Health Complaints Commissioner was established under the Mental Health Act 2014, and commenced operation on 1 July 2014. Lynne Coulson Barr is Victoria's first Mental Health Complaints Commissioner and will provide an outline of the role of the office and approaches to resolution of complaints about mental health services.

Lynne Coulson Barr has extensive experience in disability, mental health and dispute resolution, and has specialised in improving access and participation in independent complaint and review processes. She is an NMAS accredited mediator and conciliator. Before her appointment as Mental Health Complaints Commissioner, Ms Coulson Barr was Deputy Commissioner at the Victorian Disability Services Commissioner, and has also served on a number of state and federal tribunal and statutory bodies, including the Victorian Mental Health Review Board, VCAT and the AAT. She was the former President of the Intellectual Disability Review Panel. As Mental Health Complaints Commissioner she is committed to working with consumers, carers, families and services to ensure that complaints are seen as an opportunity to improve public mental health services for all Victorians.

 

PAULINE RYAN
SENIOR CLINICIAN AND FAMILY THERAPIST, GATEHOUSE CENTRE
ROYAL CHILDREN'S HOSPITAL
MONDAY, 29TH SEPTEMBER 2014

On Monday, 29th September,  Pauline Ryan, Senior Clinician and Family Therapist at the Gatehouse Centre for the Assessment and Treatment of Child Abuse at the Royal Children's Hospital spoke on the topic: Child Sexual Behaviours: How to Assess and Understand. Pauline’s highly informative presentation which she has made available to VADR members, was complemented by a publication entitled Age Appropriate Sexual Behaviour in Children and Young People: Information Booklet for Carers and Professionals, put out by the Gatehouse Centre, Royal Children's Hospital.

It can often be difficult for those who work with children to determine if sexual behaviours are a normal part of development or a sign of potential issues that need further exploration. This presentation, normally part of a one day training session, supported practitioners to understand the difference between normal and concerning sexual behaviours in children and develop skills in responding appropriately.   Topics included: understanding and assessing children’s sexual behaviour; classifying normal, problematic and concerning sexual behaviour; responding to sexual behaviours, including safety planning; children, trauma and the nature of disclosures.

Pauline Ryan is a Clinical Social Worker with 30 years’ experience. She worked as a Family Therapist in Adult Psychiatric Services for 13 years before joining the Gatehouse Centre for the Assessment and Treatment of Child Abuse at the Royal Children’s Hospital as a Senior Clinician/Family Therapist and the Education/ Training Coordinator. She has worked in the area of Child Abuse for the past 20 years, and has also worked part time in her private practice for 24 years treating young people and adults for matters unrelated to child abuse.  Pauline has extensive clinical experience in individual, family and group counselling of child victim/survivors of sexual and physical assault and in the supervision of staff in this area.

Click here to doanload a pdf version of Pauline Ryan's presentation.
As 100% of those who completed the evaluation recommended that other mediation counsellors should hear the presentation, please feel free to pass this on to anyone you think may be interested.


NATIONAL MEDIATION CONFERENCE 2014
9-11 September 2014

At the National Mediation Conference VADR and ADR (NSW) sponsored four Aboriginal mediators from the Community Justice Centres in the Northern Territory.  The National Mediation Conference sponsored a further two Aboriginal mediators and paid for the cost of a video of their wonderful presentation. A link to the video will be available shortly. The Community Justice Centre has been working for three years to provide culturally effective mediator practices and training that covers the competencies outlined in the National Mediation Approval standards and are also acceptable to indigenous communities.  Because of the distance involved, it is very expensive for these mediators to attend conferences to present their own work and hear about the latest work of others in ADR. For this reason, VADR initiated discussions with the Community Justice Centres to bring them to the Conference and eventually provided sponsorship from funds set aside for the 2014 Mirek Fajerman award. This award, was established in honour of Mirek Fajerman, a committee member who died two years ago. It provides funds for the education, training and/or professional development of a mediator or mediators who might otherwise not be able to afford it.

DR SANDRA FENTON AND DR BRENDA BEATTY
HIGH CONFLICT WORKSHOP
SATURDAY & SUNDAY 30-31 AUGUST 2014

Canadian high conflict specialists, Drs Sandra Fenton and Brenda Betty ran a high conflict workshop for VADR on 30-31 August 2014. With a wealth of practical examples, the training addressed the following issues:
how some people with high conflict behaviour can go from zero to 100 in less than a second on the high conflict spectrum;
how to identify the patterns of high conflict behaviours ;
how people with high conflict behaviour use others to achieve their aims (including managers, lawyers, psychologists etc.);
how practitioners can work successfully with such people, including how to avoid becoming a target, and how to address their complaints and misinformation;
when traditional intervention strategies are unlikely to work;
empirically proven intervention strategies. 

Many of the participants intend to follow up with a subsequent workshop early next year.

 

GINA RALSTON
THE WORK OF THE DSCV IN THE MAGISTRATES' COURT
THURSDAY, 24 JULY 2014

The Dispute Settlement Centre of Victoria (DSCV) aims to prevent the escalation of low level community disputes with early intervention and prevention. Unfortunately many people seek direct assistance from the police and courts, as a quick fix to their dispute. The DSCV has been working closely with the Magistrate's Court to divert defended civil matters (under $40,000) and appropriate Personal Safety Intervention Order matters to mediation. Gina will talk about the success and challenges of working with clients who want their day in court and the art of persuading them into mediation.
 
Gina Ralston joined the Department of Justice in 2009 as the Director of the Dispute Settlement Centre of Victoria. Gina has a wide range of experience in the health, mental health, drug and alcohol services, counselling, education and training, and the family dispute resolution sectors.  She has held leadership roles for more than 30 years. During Gina’s time with the Dispute Settlement Centre of Victoria, she has overseen the expansion of the Centre across the State, and the implementation of a range of new programs in the community, and in conjunction with the Magistrate’s courts.

 

PAUL BAN
DIALOGUE IN FAMILY GROUP CONFERENCING
THURSDAY, 19 JUNE 2014

Working as a facilitator for family group conferences in child protection matters can be difficult because of the number of people involved. Principles from conflict coaching can be used by the independent facilitator to enable family members to overcome intra- and inter-personal conflict in order to focus on the needs of their children and engage in productive dialogue through long-standing invisible patterns of communication unique to the family. Paul Ban, who has worked in many roles with children and their families for almost 40 years will discuss how this can be done.  He will also discuss other ideas of 'conflict', such as when the dominant party fails to see a conflict despite the subordinate party repeatedly making representations that there is one.

Paul Ban has worked privately for 20 years in a range of sessional positions, with a previous background in child-related work. Sessional work includes Chairperson, Roundtable Dispute Management (Family Law) for Victoria Legal Aid, Family Consultant for Federal Circuit Court of Australia, Case Analyst for Commission for Children and Young People and eighteen years as Dispute Resolution Convenor, Children's Court Victoria. In additional to sessional work he trains in management of family group confer-ences both nationally and internationally and has undertaken a number of consultancies regarding Indigenous matters, particularly with the Torres Strait Islander community. Paul has a Bachelor and Masters of Social Work, Graduate Diploma in Aboriginal Studies, Master of Arts (Aboriginal Studies) and Master of Conflict Resolution.

 

JOHN CLEARY
FDR-1 WORKSHOP
SATURDAY, 15th MARCH 2014

In this workshop, senior FDRP John CLeary from RAQ Queensland will teach experienced mediators how to implement this form of conflict coaching into their own practice. FDR-1 slots right into the ongoing concern of funders (and so the funded) as to what to do with the hapless, unrepresented who move between the FRCs and Court, stuck in a socially and emotionally expensive loop. Numerous examples will be provided from the 40 FDR-1 sessions he carried out in a pilot project for RAQ and private work subsequently.

John Cleary has been an FDRP and family mediator with Relationships Australia Queensland for 16 years, generally in solo. During his time at RAQ John has trained and accredited many colleagues, acted as the FDR program leader for a few years and now clinically supervises a dozen or more FDRPs at Relationships Australia. Like most experienced mediators, he continually reflects on and develops his practice and has also incorporated techniques from other fields into his work. He thought about solo client issues for several years before coming up with his own innovative adaptation of Tidwell’s Problem Solving for One.

 

SOFIE GEORGALIS AND MARK CERNE VEOHRC
RECENT CHANGES TO THE VICTORIAN EQUAL OPPORTUNITY ACT
TUESDAY, 4TH MARCH 2014

On 1 August 2011, the Equal Opportunity Act 2010 (Vic) replaced the former 1995 Act. The new Act promotes a voluntary, quick, confidential and informal process for resolving disputes.  In a very well received presentation,Sofie and Mark provided the background for this shift and presented an overview of the way in which the new dispute resolution process supports the objectives of discrimination law. They also reflected on the ways in which changes to the law have encouraged strategic problem-solving by conciliators.

Sofie Georgalis works as a Senior Conciliator in the Dispute Resolution Unit of the Victorian Equal Opportunity and Human Rights Commission. She previously worked at the Australian Human Rights Commission and as a solicitor in the Northern Territory. She has significant experience in dispute resolution and conciliation in anti-discrimination and human rights law.

Mark Cerne is a conciliator in the Dispute Resolution Unit at VEOHRC. He was gazetted as a government mediator in 2003, appointed to VCAT as a mediator in 2009, and has also worked at the Neighbourhood Justice Centre. He is currently a panel mediator with the DSCV, is involved in research work in the university sector and has specific interest in cultural perspectives on ADR and the law.

 

PETER CONDLIFFE
DOING JUSTICE IN ADR: IS IT WHAT DISPUTANTS WANT OR A CONVENIENT RATIONALISATION?
THURSDAY, 28 NOVEMBER 2013

Drawing on a rich and varied selection of empirical and theoretical research, as well as his own recent experiments, Peter Condliffe’s fascinating presentation produced some surprises in what most mediators commonly assume in relation to disputant (and our own) perceptions of fairness or justice. Refining justice into four elements and then juxtaposing these against process, preference, role, gender, citizenships and other variables led to a complex, stimulating and unexpected mix of ideas for ADR practitioners.

Peter practises as a barrister and mediator and has also practised as a solicitor, academic, human rights officer, manager and teacher. He was formerly CEO of the Institute of Arbitrators and Mediators Australia and Director of Dispute Resolution Centres in the Department of Justice and Attorney-General, Queensland.  Previously Peter was Chief of Education, Training and Information with the United Nations Centre for Human Rights in Cambodia.  He is the founding President of The Victorian Association for Restorative Justice; Bond University Mediation Assessor; member of the ADR Committee of the Victorian Bar; VCAT mediator; and Legal Member of the Mental Health Review Board.  Peter has written a leading text titled "Conflict Management: A Practical Guide" as well as over 50 articles and monographs.  He is the Principle Instructor in the Victorian Bars’ Lawyers Mediation Certificate, a specialist course for lawyer mediators. His PhD thesis titled “Conflict in the Compact City: Preferences and the Search for Justice” was an empirical study of disputes in the high density housing sector.

Click here to view a slideshow of the presentation, and click here to download references.

 

SUSAN HALLIDAY
WORKPLACE WOES, WALLIES AND WHINGERS
TUESDAY, 29 OCTOBER 2013

On Tuesday, 29 October 2013, Susan Halliday shared her insights into a range of diverse interventions, activities and processes used to manage conflict, mediate complaints, settle cultural upheaval, progress redress and heighten individual accountability. 

Current chair of the Caraniche Board and appointed to the Federal Government’s Defence Abuse Response Taskforce in late 2012, Susan has also run her own boutique management consulting business since 2001. Originally a teacher, she cut her corporate teeth at BHP, prior to becoming Assistant Director, Council for Equal Opportunity in Employment in 1990 and Assistant Director, Business Council of Australia in 1995.  In 1998 Susan was appointed Australia’s Sex Discrimination Commissioner, serving simultaneously as the nation’s Disability Discrimination Commissioner. In 2002 she became the Inaugural Chair of Victoria’s largest professional regulatory authority – the Victorian Institute of Teaching and continues to chair Disciplinary Hearings for the Institute.   Having sat on several Boards including the State Library of Victoria Board from 2001 to 2010, Susan is a Life Governor of the Australian Childhood Foundation and author of 15 books for girls.     

 

JON KENFIELD
MEDIATING AND MANAGING FAMILY BUSINESS DISPUTES
THURSDAY, 26TH SEPTEMBER 2013

On Thursday, 26 September 2013, Jon Kenfield spoke on the topic Mediating and Managing Family Business Disputes, a large and complex area of ADR in which Jon has worked for over a decade. Jon described his own method for mediating and managing such disputes not only to enable the dissolution of a business, but as an approach valid at all stages of family business disputes, including the point at which early intervention can empower family members to continue to operate, diversify and expand.

The presentation was very comprehensive and enjoyable.  A paper covering most of the points in the powerpoint is attached, and can be downloaded by clicking on this link.

Jon is a lawyer, mediator and arbitrator who has been arbitrating and mediating commercial disputes for over 25 years serving as a director of both LEADR and IAMA. He is also a chartered accountant who ran a forensic accounting business in Australia for 20 years. Tiring of the confrontational and often destructive aspects of that business, he turned to ADR where he has developed and refined an original and holistic approach to mediating family business disputes. His approach, based on his extensive training, research and experience is also the subject of his recent book, The Solutionist Guide to Family Business.

 

SPENCER FLINT: WORKSHOP
STARTING YOUR OWN MEDIATION PRIVATE PRACTICE
SATURDAY, 29TH JUNE, 10AM – 3.30PM

Spencer Flint, a family dispute resolution practitioner (FDRP) with his own private mediation practice, spoke about all aspects of setting up a mediation practice.  There were four sessions, the first three discussing the establishment of a practice in all forms of ADR; the last focussed more specifically on the problems faced by FDRPs in the private ADR arena.

Spencer Flint trained as an FDRP in 2005 and almost immediately set up his own practice with another FDRP. Prior to this, he was an airline pilot for 30 years during which time he taught conflict resolution skills, Human Factors & Crew Resource Management to pilots and flights attendants. After leaving the airlines, he studied Hospitality & Management, and owned and ran a very successful 80 acre olive farm with a large restaurant and entertainment centre attached, before embarking on his present career. FDRP work has not dimmed his optimism. He is also a Marriage Celebrant, an accredited trainer and assessor, and provides PD in these areas throughout Australia.

Participants felt the workshop was very helpful.  Below are two of the comments received:

I truly enjoyed the day, very insightful and it helped that Spencer was such a lovely man, giving of his time and knowledge.
The food was pretty good as well.

Thanks. The workshop was excellent, I was very impressed with Spencer, great information and a really nice guy.


JOHN CLEARY, RELATIONSHIPS AUSTRALIA QUEENSLAND
PROBLEM-SOLVING FOR ONE: HOW TO ASSIST WHEN MEDIATION CANNOT PROCEED
MONDAY, 20TH MAY 2013

On 20th May, John Cleary, a family dispute resolution practitioner from Relationships Australia Queensland (RAQ) spoke to a fascinated audience about a pilot family coaching project he undertook for RAQ over a three year period. Unless court-ordered (and even then), mediation often, even usually, fails to proceed, usually leaving one party in the situation where they don’t know what to do next. FRDP John Cleary has created an adapted an original and exciting adaptation of Tidwell’s 1992 Problem-Solving for One, the first systematic conflict coaching model to be developed in the world. Although John’s model applies specifically to the family context, the method is flexible and capable of being applied to many areas of ADR such as workplace, education and ombudsman work. Early evaluation indicates high levels of client satisfaction.

John Cleary has been an FDRP and family mediator with Relationships Australia Queensland for 16 years. During his time at RAQ he has trained and accredited many colleagues, acted as the FDR program leader for a few years and now clinically supervises a dozen or more FDRPs in Relationships Australia. He thought about solo client issues for several years before coming up with his own innovative adaptation of Tidwell’s Problem Solving for One.

 

SUSAN CIBAU, ACCIDENT COMPENSATION CONCILIATION SERVICE
MANDATORY ADR: CONCILIATION IN THE WORKERS’ COMPENSATION SYSTEM IN VICTORIA
TUESDAY, 19TH MARCH 2013

In her presentation Susan Cibau, a Senior Conciliator with the Accident Compensation Service explored the key reasons for the success of a service that is positioned centre-stage in the industrial landscape. Susan covered a lot of ground and those attending felt they had a thoroughly good grasp of the service at the end of the night. Susan’s presentation was sent to members. Please contact admin@vadr.asn.au if you did not receive and would like a copy.

 

ROBERT TURNER, DEPARTMENT OF DEFENCE
CONFLICT COACHING: IS IT MEDIATION FOR ONE?
AGM: TUESDAY, 27TH NOVEMBER 2012

Robert Turner, the Department of Defence Fairness and Resolution Practitioner for Victoria and Tasmania, spoke about conflict coaching and other forms of ADR for the 450,000 employees of the Defence Department. By teaching the attending party how s/he and the other person contributed to the situation, and how they can both act differently, the need for mediation may be negated, or the time taken in a subsequent mediation reduced. Robert’s considerable experience and stories enlivened the theory behind the techniques.

 

COLLABORATIVE LAW
DANIELLE LUNDBERG AND JANE LIBBIS
TUESDAY, 9 OCTOBER 2012

Danielle Lundberg and Jane Libbis who are part of a collaborative family law network spoke on the topic: Collaborative Law. Collaborative practice or collaborative law is an alternative approach to divorce or separation – without going to court. It is designed to help people achieve a mutually acceptable settlement by sharing information and working co-operatively. Separating couples, their lawyers, a family consultant and financial specialist, as well as any other professionals needed, work together to dissolve the marriage in a way that addresses everyone’s legal, financial and emotional needs, especially those of the children. This was a very interesting and clear presentation of how collaborative law works in the family environment (although it is increasingly being used in the commercial and other arenas in the United States).

 

HOW TO MARKET AND SELL YOUR PROFESSIONAL SERVICES
CLIFTON WARREN
TUESDAY, 28TH AUGUST 2012

Mediation training does not teach mediators how to promote their services. Many highly capable mediators struggle to establish a business because of inexperience in marketing strategies and business development. Certified management consultant, Clifton Warren, founder of Corporate Eye Consulting, spoke to a very attentive audience on how to select the ideal markets for your services; how to identify and reach decision makers who can say yes; how to create powerful value propositions; and low cost and high touch techniques to generate new business in the mediation context.

 

DR SANDY FENTON:  WORKSHOPS 28th June and 7th July
DEALING WITH HIGH CONFLICT BEHAVIOURS

Following on from Dr Sandy Fenton and Luise Raedar’s fascinating 2011 presentation entitled “Demystifying High Conflict”, Sandy Fenton offered two workshops on “Dealing with High Conflict Behaviours”. Sandy discussed the extent to which such behaviours can poison and demoralize workplaces, and families. Participants were introduced to empirically tested intervention strategies (a) to enable them to conduct a constructive mediation with people with HCBs in such a way that all parties are protected; and (b) to protect themselves from becoming a target in other areas such as the workplace, professional organizations, committees, sporting associations, interest groups etc. 

 

VADR CPD Event 29th May 2012 at 6.15pm
CAN GOOD MEDIATION PRACTICE BE DELIVERED OVER THE TELEPHONE IN 90 MINUTES?

Ross McCarroll spoke on the topic: "Can good mediation practice be delivered over the telephone in 90 minutes?" Telephone mediation and facilitation is being increasingly used in various forms as a means of dispute resolution by, among others, government departments, agencies, private firms and in family matters. Ross McCarroll who has facilitated over a 1000 workplace disputes discussed the ‘Formula 1’ of mediation

 

VADR CPD Event 16 April 2012 at 6.15pm
HEARING THE VOICE OF THE PERSON AFFECTED: ALTERNATIVE ADR

Ron Tiffen and Jen Jackson-Hall from the Office of the Disability Services Commissioner  presented on the topic: "Hearing the Voice of the Person Affected:  Alternative ADR".  The ODSC has developed a really interesting and innovative person-centred approach to dispute resolution involving people with a disability. It is also useful in many other forms of ADR, including mediations where one or both parties may benefit from a person-centred approach. The panel l discussed 'what works' when seeking to assist service users, their families and service providers to resolve complaints which often have long histories of dispute. The presentation was a modified version of the very well received talk presented by the ODSC at the LEADR Conference last year.


Tuesday, 13 December 2011 at 6.15pm
ANNUAL GENERAL MEETING

Coopers Inn, cnr Exhibition and Little Lonsdale Streets

Robin Saunders, mediator and facilitator, spoke on the topic: De-briefing after a mediation – reflections on performance
Summary.    The period immediately after a mediation has concluded offers a powerful opportunity for reflection on one’s practice and performance. In some cases, where a co-mediation model is used, this reflection can involve discussion with the co-mediator. If the mediation is undertaken for a mediation service, there may also be a detailed report sheet for the mediators to complete. Some personal reflections are offered on a number of issues: the “success” of the mediation, teamwork with a co-mediator, the degree to which showing bias is avoided, whether advice was offered and its effect, managing situations where “buttons” were pressed, and whether communication was promoted. Finally, through a transformative perspective, were opportunities taken to promote recognition and empowerment.

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Tuesday 25th October 2011 at 6.00pm
SETTING UP YOUR OWN MEDIATION PRACTICE: PITFALLS, PROBLEMS & POSITIVES

You are invited to a VADR CPD presentation on Tuesday, 25 October 2011 to hear Spencer Flint from Dispute Mediation Services Australia speak about setting up a private mediation practice.   An FDRP, Spencer established his own practice together with another FDRP shortly after qualifying in 2005 and it is now a flourishing concern.   Spencer will describe what business principles relate specifically to a private practice in mediation, discuss pitfalls he and his colleague experienced and how they overcame these as well as providing some examples of where they have been successful. Spencer came to mediation late in life, having run a successful olive farm with a large restaurant and entertainment centre, lectured extensively on dispute resolution and several other subjects, and worked as a pilot for thirty years. He is also a marriage celebrant.


Tuesday 11th October 2011 at 6.15pm
DEMYSTIFYING HIGH CONFLICT : A SERIES OF PRACTICAL STRATEGIES

VADR, together with the Geelong Dispute Settlement Centre of Victoria are presenting in Geelong a repeat of the August 27 talk which took place in Melbourne. Dr Sandra Fenton, high conflict specialist, and Luise Raedar from the State Services Authority  will explore a series of practical strategies for dealing with high conflict people in ADR.


Thursday 25 August 2011 at 6.00pm
DEMYSTIFYING HIGH CONFLICT

Click here to download a flyer about this event


Tuesday 12th July 2011
PROMOTING VCAT AS AN ADR CENTRE OF EXCELLENCE

JUSTICE IAIN ROSS, President of VCAT
Click here to download a flyer about this event


Tuesday, 10th May 2011
MANAGING RISK WITHIN AN INTEGRATED COMPLAINTS HANDLING SYSTEM:  A NEW MODEL

LYNNE WITYNSKI, State Services Authority
Click here to download a flyer about this event


Tuesday, 22nd March 2011
STRATEGIES FOR POWER IMBALANCES CASE STUDY: FINANCIAL OMBUDSMAN SERVICE

AMIE COUSINS
Manager Conciliation Team Financial Ombudsman Service

Click here to download a flyer about this event


17th February 2011
CONCILIATION V MEDIATION PRACTICE IN WORKPLACE DISPUTES
ANNA LEE CRIBB, Commissioner for Fair Work Australia
Click here to download a flyer about this event

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23rd November 2010
ANNUAL GENERAL MEETING

At the AGM on 23 November 2010, Pat Marshall spoke on the topic: The highly intelligent mediator: when mind and method meet.

The Australian Standards are clear about a desired outcome of mediation, namely that the dispute should be settled by the parties exercising optimal self determination. The knowledge and skills necessary to achieve this outcome are outlined throughout the document. What is not spelled out is the sort of intelligence required to respond to the situation, or context, which is involved in the very exercise of self determination. The concept of 'intelligence' has been developed beyond an emphasis on performance in the academic realm, or cognitive intelligence, to include aspects such as: social and emotional competence; political 'nous'; and strategic insight. Pat examined these intelligences and competencies and analysed how they correlate with the knowledge and skills set out in the Standards, and how they might enhance the capability of parties to achieve the outcomes they seek, in a way which respects self determination. A differentiation was made between ‘entry’ level competencies for the mediator role, and those competencies which define good practice.

 

VADR - SATURDAY WORKSHOPS
Power Imbalances through Family Violence in Family Dispute Resolution
31st July 2010
Allie Bailey and Margot Scott

Mediation practitioners travelled from afar, including from Wagga in NSW and Gippsland, to participate in this workshop. It was a wonderful opportunity to learn from practitioner experts and to develop an understanding of how to design and implement safe processes. The workshop format enabled an in-depth study of the complex issues raised in a Family Mediation when there is family violence present. The presenters’ knowledge gained through years of practice was supported by theory and research, as well as practical tools such Screening Checklists and examples of questions that would delve into areas such as Exploring the Power Imbalance.

In response to the interest generated by last year’s event, Power Imbalances in Mediation, Allie Bailey from Victorian Legal Aid, Roundtable Dispute Management, was invited to present a five hour workshop. Allie and her co-presenter, Margot Scott from the Domestic Violence Resource Centre Victoria, led the group in exercises to understand and identify the impact of violence in families and how the resulting power imbalances can play out in a mediation setting. Using a case study approach, participants were given opportunities to develop their skills and to test their understanding of issues. The workshop covered the topics of Screening, Risk Assessment, Protective Factors, Typologies of Violence, Safe Processes, and Safety Focussed Parenting Plans. Although specifically targeted to power imbalances in families, these strategies and approaches are able to be adapted for other mediations characterised by significant power imbalances.

VADR would like to thank the presenters, and all the participants, for an excellent day.  Accredited mediators gained 5 CPD points. 

 

CPD EVENT
THURSDAY, 22nd July  2010

On 22 July, Tony Nolan SC, past Chair and currently Deputy Chair of the Victorian Bar’s Dispute Resolution Committee, spoke to a packed room on the inconsistencies in the way confidentiality in mediation is currently treated under State and Federal legislation. 

Tony’s presentation was both informative and entertaining, and he presented the current situation so lucidly that even non-lawyers had no trouble understanding this rather complex area. Click here to download Tony Nolan's Powerpoint presentation (Powerpoint file).

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CPD EVENT
THURSDAY, 10th JUNE 2010

On 10 June, Professor John Zeleznikow spoke about decision support for mediators and parties involved mainly in family dispute resolution, although the theoretical discussions of the principles behind decision support apply across the board to all forms of mediation.

Decision support, for those who could not attend, covers a range of processes used to assist people come to the decisions they may make in mediation, either through the simple provision of information, compensation/trade-off strategies where parties or the mediator can enter different variables (such as percentage of time spent with children, income etc.) to test the various scenarios they are considering and online family dispute resolution for the development of which John and his business partners Relationships Australia Queensland have received a large ARC grant. 

VADR members can contact Events Coordinator Deborah Macfarlane at deborahmacfarlane@gmail.com if they would like to obtain a Powerpoint of John’s talk.

 

CPD EVENT
  TUESDAY 24 NOVEMBER 2009
DOMESTIC VIOLENCE: WHEN TO MEDIATE?  

By popular request FDR practitioner Ian Goodhardt returned to VADR to discuss the issue of domestic violence and family dispute resolution, together with Allie Ballie,  formerly of the Domestic Violence Resource Centre Victoria, and also an FDR practitioner who has worked with various FDR services and provided consultation on the development of the national FDR screening guidelines relating to family violence.  Both members of the panel are seasoned presenters and welcomed frequent interaction with the members of the very appreciative audience.

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Contact Details
Victorian Association for Dispute Resolution
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