Western Australian Newsletter Dispute Resolution Association Newsletter December 2006.pdf · Western Australian Newsletter Dispute Resolution Association Volume 37 December 2006 The

Western Australian Newsletter

Dispute Resolution Association

Volume 37 December 2006

TT hh ee VV aa ll uu ee AA dd dd ee dd bb yy MM ee dd ii aa tt ii oo nn

AArr cc hh iiee ZZaarr ii sskk ii ,, BBAA,, LLLLBB,, LLLLMM,, CC MMee dd ((AArrcchh iiee ii ss aa mmee mmbbeerr oo ff IIAAMMAA aanndd ffoorrmmeerr SS eenn iioorr LLee cc ttuurreerr

aa tt MMuurrddoocc hh UUnnii vvee rrss ii tt yy ))

Mediation in the Context of Confl ict

When peop l e have a d i spu te o r d i f f e r ence

t he op t ima l r esu l t i s f o r t hem to s i t down

t oge the r and so r t o u t t he p rob l em. P e rhap s

t he y have r ead t he be s t se l l i ng book abou t

n ego t i a t i o n , Ge t t i ng t o Ye s , b y F i s he r a nd

U r y . Fo l l ow ing i t s r e commenda t i ons , t hey

w i l l l i s t en r e spe c t f u l l y t o ea ch o the r t o ga i n

a n app re c i a t i on o f eve r yone ’ s need s and

conce rn s and t hen c r a f t a mu tua l l y

advan tageous so l u t i o n , a f t e r b r a i n s to rm i ng

some c rea t i ve i d ea s .

Un fo r tuna te l y s u ch a happy t u r n o f even t s

doe s no t o ccu r a s o f t en a s we wou l d l i k e .

“Human na tu re ” seems to ge t i n t he way o f

c ons t r u c t i v e c on f l i c t r e so lu t i on . So c i a l

s c i en t i s t s have r evea l ed some common

t ho ugh t p r oce sse s t ha t b l o ck ou r e f f o r t s t o

r e so l ve d i spu te s – I w i l l c a l l t he se “ con f l i c t

c onund rums” . Con f l i c t r e so lu t i on

p ro fe s s i ona l s have used th i s know l edge o f

c on f l i c t conund rums to de s ign p ro ce s se s

a nd t e chn i que s t ha t su rmoun t t hese t yp i ca l

ob s tac l e s to dea l i ng suc ce s s f u l l y w i t h

c on f l i c t .

I w i l l de sc r i b e so me o f t he human ba r r i e r s

t o e f f i c i e n t con f l i c t r e so l u t i on and how the

med i a t i on p roce s s , conduc ted by a s k i l l e d

med i a to r , can he lp to a ch i eve t he goa l o f

i n f o rma l , e f f e c t i ve so l u t i ons .

Some Confl ict Conundrums

P sycho l og i s t s a nd soc i a l p s ycho log i s t s have

d i s cove r ed common pa t te rns o f though t

t ha t adve r se l y a f f e c t t he way we r e spond to

c on f l i c t i n mode rn so c i e t y .

Such way s o f t h i nk ing may have been

va l uab l e adap ta t i o ns t o ea r l i e r

e nv i r onment s , bu t a r e coun te r - p r oduc t i ve

now . These c on f l i c t c onund rums a r e no t

s i gn s o f men ta l i l l n e s s ; t he y a f f e c t mos t o f

u s when we f a ce s t r e s s fu l c on f l i c t s i n ou r

l i v e s .

Con f l i c t t heo r i s t s a nd p r ac t i t i one r s , i n t u r n ,

have used th i s know l edge to de s i gn

p r oce s se s a nd i n t e r ven t i on s t ha t he lp

r educe the i n f l uen ce o f t he se con f l i c t

c onund rums . Med ia t i on i s one such p r oces s .

I w i l l now desc r i be th ree o f t he common

conund rums found i n con f l i c t s and t he way

med i a t i on wo rk s t o r educe t he i r nega t i ve

impac t .

The Attr ibut ion Fal lacy

We a l l ha ve a deep need t o unde r s t and why

o the r s a c t t he way t he y do . Th i s he l p s u s

nav i ga t e t he tw i s t s and t u r ns o f so c i a l l i f e

b y mak i ng i t e a s i e r to p red i c t how peop le

w i l l b ehave when we i n t e r ac t w i t h t hem.

Ho weve r , r e sea r ch has r e vea l ed a co mmon

and se r i ou s f l aw i n ou r t h i nk ing abou t o the r

peop l e ’ s mo t i va t i ons ; t h i s t r a i t ha s been

l a be l ed the “a t t r i bu t i on fa l l a cy ” . These

f a l l a c y cons i s t s i n a s c r i b i ng ( a t t r i bu t i ng )

bad i n t en t i o ns t o o t he r s more o f t en t han we

shou l d g i ven t he e v i dence we have abou t

t he s ta te s o f the i r m i nd s . ( I t a l so wor k s i n

r e ve r se – we u sua l l y a sc r i be good mo t i ve s

t o ou r own a c t i on s) .

He re i s an e xamp l e o f t he f a l l a cy a t wo r k .

I f we be l i e ve we have been ha r med by

s omeone t he r e a r e a t l ea s t f our

exp l ana t i ons we can adop t f o r t he i r

behav iou r ; un i n te n t i ona l ( a c c i den t ) ;

hab i t ua l ( cha r ac te r o r pe r sona l i t y ) ;

i n te n t i ona l ( se l f i n t e r e s t ) ; a nd i n t en t i ona l

(ma l i c e ) . The f a l l a cy r e su l t s i n u s

a t t r i bu t i ng ma l i c e t o o t he r s more r ead i l y

t han the o the r po s s i b l e mo t i va t i ons . And i t

i s no t r e s t r i c t ed t o i n t e rpe r sona l d i spu te s –

r emember t he “ a x i s o f e v i l ” a nd the “ dev i l

P r e s i d en t ” .

( cont . page 3)

Enquires and correspondence to: Laurie James GPO Box L890, Perth WA 6842 The Convenor Tel: (08) 9321 3755 Kott Gunning Fax: (08) 9321 3465 Level 8, AMP Building

140 St Georges Terrace PERTH WA 6000

2. W.A.D.R.A. Newsletter

19, 20 and 21 September 2007

TelstraClear Centre at Te Papa, Wellington, New Zealand You are invited to submit an abstract for a paper to be considered for inclusion in the 9th LEADR international Mediation Conference. Timeframes

Abstracts may be submitted at any time up until 30 March 2007. Papers selected for inclusion will be decided and submitters notified by 1 May 2007. Streams will include:

‘Future Focus’ featuring new areas such as e-mediation, telephone mediation, online dispute resolution, impact of new technologies, research and new concepts and topics.

Process and Practice, featuring skill development and process enhancement.

Government and the Courts. Likely to cover public sector areas and the Courts’ growing interest in ADR, the Law Commission.

Environment and public policy.

Managing workplace tension to include employment conflict management, dispute systems, HR trends.

It’s wider than us – international and regional issues and practice.

Culture / Community

Commercial Streams indicated are a guide. Please do not feel constrained if your topic does not easily fall into one of the above, or if it covers more than one category. Format

Two and a half days with two plenary sessions (morning and afternoon) followed by 3 or 4 concurrent streams with 50 minute sessions or workshops. Expected attendance

At least 130 participants from New Zealand, Australia, the Pacific and Asia. Details for submission

You may submit your proposal electronically to [email protected] Contact

For enquiries or to discuss ideas for papers please contact: Pele Walker, Convenor, [email protected]

9th LEADR International Mediation Conference

W.A.D.R.A. Newsletter 3.

TT hh ee VV aa ll uu ee AA dd dd ee dd bb yy MM ee dd ii aa tt ii oo nn

AArr cc hh ii ee ZZaarr ii sskk ii ,, BBAA,, LLLLBB,, LLLLMM,, CC MMeedd ((AArrcchh iiee ii ss aa mmee mmbbeerr oo ff IIAAMMAA aanndd ffoorr mmeerr SS eenn iioorr LLee cc ttuurreerr aa tt MMuurrddoocchh

UUnn ii vv ee rrss ii ttyy ))

( con t . page 1 ) . The a t t r i bu t i on f a l l a c y makes con f l i c t r e so l u t i on d i r e c t l y be tween t he a f f e c t ed pa r t i e s ve r y d i f f i c u l t . I f one a s sumes bo th s i de s a re ope r a t i ng unde r t he f a l l a c y then t r u s t be tween t hem i s p r obab l y non-ex i s t en t , and t h i s impac ts a l l avenue s o f r e so l u t i on beg inn i ng w i t h c ommun i ca t i on . He re i s how med i a t i on dea l s w i t h t h i s p rob l em. A s k i l l ed med ia to r w i l l f a c i l i t a t e t ho r ough e xp l o r a t i on o f a l l pa r t i e s ’ need s and conce rn s i n a j o i n t mee t i ng , a s t ep wh i ch i s d e s ig ned to r evea l t he mo t i va t i ons th ey b r i ng t o t he d i spu te . A l t hough med i a t i on i s f u t u r e -f o cused , i t a l l ows some e xam ina t i on o f t he pa s t i n o r de r t o co r r ec t m i s t a ken impres s i o ns such a s t ho se due to t he a t t r i b u t i on f a l l a c y . B y encou r ag i ng t he pa r t i e s t o r e vea l t he i r mo t i va t i on s a nd by some t imes r ephr as i ng t hem, so they a re r ea l l y hea rd b y t he o the r s i de , t he med i a to r he lp s d i s pu tan t s r ega i n some t r u s t i n ea ch o the r , open commun i ca t i on l i ne s , and t hen dea l w i t h t he p rob l em more cons t ruc t i ve l y .

React ive Devaluat ion “Rea c t i ve deva l ua t i on” i s t he t e rm re sea r che r s have u sed t o de sc r i be ano the r common human fa i l i ng when dea l i ng w i t h c on f l i c t . I t happens when one s i de makes an o f f e r o f comprom i se o r se t t l emen t . Our no rma l t hough t p ro ce sse s t hen f i nd f au l t w i t h ( “ deva l ue ” ) t he p r opo sa l , a l t hough i t may be wo r thy o f se r i ous cons i de r a t i on . The r e su l t may be r e j e c t i on o f a r easo nab l e o f f e r . I t i s e a sy t o s ee how reac t i ve deva l ua t i on may be t i ed t o t he a t t r i bu t i on f a l l a cy . I f you be l i e ve t he o the r pa r ty i s a c t i ng ou t o f ma l i c e , t hen you may conc l ude any o f f e r t hey make mus t be a t r ap t o be a vo i ded . B y comba t i ng the a t t r i bu t i on f a l l a c y , med ia to r s can he l p t o l im i t r eac t i ve deva l ua t i on a s we l l . Bu t med ia t i on a l so p rov i de s an a venue to dea l w i t h r eac t i ve de va lua t i on d i r e c t l y . Med i a to r s r e cogn i ze the impo r tance o f ge t t i ng a l l pa r t i e s t o a d i spu te t o co ns i de r t he i r a l t e rna t i ve s i f t hey canno t r ea ch an ag r eed so l u t i on . Thu s , med ia to r s enco urage ea ch d i s pu tan t t o c l ea r l y de f i ne t he i r “ BATNA” (Be s t A l t e rna t i ve t o a Nego t i a t ed Ag reemen t ) – wha t t hey ca n a ch i e ve w i thou t t he c oope ra t i on o f t he o t he r s i de . Then , i f an o f f e r i s made tha t compar es f a vo urab l y to a pe r son ’ s BATNA , t ha t pa r t y i s more l i k e l y t o t ake i t s e r i ou s l y and no t d i sm i s s i t o u t o f hand due to r eac t i ve de va lua t i on . Med i a to r s wo r k w i t h ea ch pa r t y , u sua l l y i n p r i va te s e ss i on , to he lp t hem c l a r i f y t he i r BATNA and we igh o f f e r s i n t he l i gh t o f t he i r a l t e r na t i ve s . I n t h i s c on f i d en t i a l , p r i va te se t t i ng , med ia to r s a r e ab l e to f o re s ta l l r eac t i ve deva l ua t i on t ha t can l e ad to p r ema tu r e t e rm ina t i on o f e f fo r t s to r e so l ve a d i spu te .

Perspect ive Taking

One o f t he be s t way s t o se t t l e a d i spu te i s f o r t he pa r t i e s t o t r ea t t he con ten t i o u s i s sue s a s a mutua l p r ob l em to be so l ved th rough co l l a bo r a t i o n . Th i s p r ob l em so l v i ng app roa ch i s a t t he hea r t o f t he t heo r y o f “p r i n c i p l e d ” o r “ i n te r e s t based” nego t i a t i o n de sc r i bed i n Ge t t i ng to Ye s . I n p ra c t i ce i t c an y i e l d c rea t i ve , sa t i s f y i ng so l u t i o ns .

A ke y s t ep i n i n te re s t b a sed nego t i a t i o n i s app re c i a t i ng t he needs and conce rns o f the o t he r pa r t y – be i ng ab le t o “ s t a nd i n t he i r s hoe s ” . Ano the r name fo r t ha t c r u c i a l s t ep i s “p e r spec t i ve t ak ing ” , a nd r e sea r ch ha s shown i t i s d i f f i c u l t f o r peop l e t o a c comp l i s h una ided . Med i a t i on p r ov i de s a suppo r t i ve f r amewor k f o r i n t e r es t ba sed nego t i a t i o n gu i ded by a p r ob l em so l v i ng app roach . A med i a to r encou rage s d i spu ta n ts t o t r y t o unde r s t and t he con f l i c t f r om t he pe r spec t i ve o f t he o the r s i d e . Th i s may be done by a s k i ng o ne pa r t y to pa raphr ase wha t t hey have hea rd sa id b y the o t he r . On o cca s i o n the med ia to r may a sk the pa r t i e s t o engage i n “ r e c i p r oca l r o l e p l a y i ng ” i n wh i ch t he y a re a s ked to sa y wha t t hey wou l d have done , o r wou l d do i n t he f u tu r e , i f t hey we re i n t he o the r pa r t y ’ s p l a c e . O r , a med i a to r m igh t sugges t t ha t d i sp u tan t s “ s t and i n each o t he r ’ s s hoe s ” b y l ook i ng o r l i s t e n ing f r om t he o t he r s i de o f t he wa l l , f e nce o r bo r de r i n que s t i ons , and then b r i ng t ha t e xpe r i e nce ba ck t o the tab l e . The i n t en t and e f f e c t o f t he se med ia t i on te chn iq ues i s t o a s s i s t pa r t i e s i n pe r spe c t i ve t a k i ng and i n do i ng so d i s cove r so l u t i ons t ha t mee t e ve r yone ’ s need s . Mediat ion

Med i a t i on co nduc ted b y a s k i l l e d p r ac t i t i o ne r i s an e f f e c t i ve i n t e r ven t i on i n d i spu tes t ha t can f e s t e r and g r ow because o f common human fa i l i ngs t ha t ob s t ruc t d i r e c t i n f o r ma l s e t t l emen t . The bene f i t s o f s k i l l ed med ia t i on a re no t r e s t r i c t ed to i n t e rpe r sona l d i f f e r ence s , bu t can be r ea l i s ed i n d i sp u te s be tween bus i ne sse s , n a t i on s a nd ju s t a bou t any comb ina t i on o f s u ch pa r t i e s . The human fa c to r s t ha t ge t i n t he way o f cons t r uc t i ve r e sponse s t o con f l i c t a r e t he same i n e ve r y i n t e r a c t i on . Med i a t i on thu s adds va l ue by he lp i ng peop l e r e so l ve d i sp u te s tha t m igh t o t he rw i se become p r o l onged , a c r imon ious , s ome t ime s v i o l en t , and a lway s more e xpen s i ve f o r e ve r yone i n vo l v ed .

WADRA thanks Archie Zariski for his k ind permission to reproduce th is art ic le for the newsletter .


LEADR has a reputation for excellence in mediation training. As one of the first providers of mediation

training in Australia, LEADR combines its extensive experience with latest developments in Alternative

Dispute Resolution occurring both nationally and internationally. LEADR training is recognised for the high

quality of its program design, the interactive and experiential emphasis of the learning activities and the

exemplary skills of its facilitators.

Who should attend? • Individuals who are keen to add mediation to

their professional skill set. • Those involved in advising clients, managing

staff, facilitating planning and decision making or handling disputes in commercial, government, not-for profit or community sectors.

Previous attendees include lawyers, managers, human resource personnel, industrial relations experts, healthcare practitioners, educators, counsellors, coaches, conciliators and community engagement professionals.

What the program offers

A proven mediation process adaptable to different types of mediations.

Sound theoretical frameworks in which to embed process and skills.

Essential communication skills to explore issues and reality test.

Practical tools to keep parties focused.

Strategies to generate options and to break impasses.

Eight mediation role plays.

Personalised feedback from highly skilled mediation practitioners on Day 4.

Complimentary LEADR membership to 30 June.

The facil itators LEADR facilitators are experienced dispute resolution professionals as well as skilled adult educators. Tania Sourdin Professor of Law and Dispute Resolution and Director for the Conflict Resolution Centre at La Trobe University. Facilitated organisation change workshops and change processes involving over 400 staff. Conducted evaluation research into dispute resolution processes in seven Courts and Tribunals.

Bradley Chenoweth Mediator in a wide range of disputes. Facilitated multi-party processes in community, organisational, commercial and cross-cultural contexts. Visiting Fellow to the University of WA Law School and currently participating in a leading research project on frontier methods of dialogue developed at the Massachusetts Institute of Technology, Boston.

Nina Harding Mediator for commercial, workplace and large public disputes and community issues. Panelist for a range of organisations including the Hong Kong International Arbitration Centre. Conducted more than a hundred highly successful training programs in corporate settings and for several Australian universities and law societies and for the University of Hong Kong.

Anne Sutherland-Kelly Mediator in disputes ranging from commercial and complex multi-party through to family law over property and custody. Mediator and arbitrator for the Workers Compensation Commission of New South Wales and external mediator for the Australian Defence Organisation.

Mediation Workshops 2007


A one-day in depth micro-skil ls refresher Facilitated by LEADR in-house trainer, Bradley Chenoweth Facilitating issues exploration between parties is the foundation of interest based mediation and negotiation. Mediators can experience this joint session skill as a challenging art form to master. This workshop provides an opportunity to develop and expand your skills in facilitating direct dialogue between the parties in a micro-skills refresher. You will clarify the key roles of the mediator in the Issues Exploration phase:

• Mediator as a facilitator. • Mediator as agent of responsibility. • Mediator as agent of reality.

In th is one day program you wi l l learn:

• Strategies to keep people talking to one another. • Effective use of an agenda to structure discussions. • Interventions to facilitate direct communication between the parties on all issues. • Methods to assess the accuracy of your own listening as the mediator. • Transitions to enable parties to move from blame for the past to acceptance of

responsibility for the future.

This workshop is suitable for:

• New or newly trained mediators who want to further their understanding and have an opportunity for practice and feedback.

• Experienced mediators who want to complement their strengths with a structure for issues exploration in their mediation.

Features of the program inc lude:

• Coaching and feedback from experiened mediators. • Opportunities for practice in simulations. • Strictly limited course numbers to maximise the learning experience. • Comprehensive course notes and certificate of attendance.

BBrreeaakkiinngg tthhee DDeeaaddlloocckk Mastering the Art of Exploration

Tuesday, 13 February 2007

Cost: Early Bird payment received by date below: $440 (GST inclusive) Standard registration: $495 (GST inclusive)

Perth: Early Bird payment due: Tuesday, 23 January

Date of course: Tuesday, 13 February


Mediation Training – Level 1 3 Day Course

Advanced Family Law Mediation Training

Pre-requisite Level 1 or appropriate tertiary qualifications

Defining core elements & exploring models, negotiating styles, developing skills & techniques.

Date: 12, 13 & 14 March 2007 Date: 20, 21 & 22 August 2007

Time: 9:30am – 5:00pm Cost: $495

Role playing mediation model from agenda setting to agreement.

Date: 18 & 19 June 2007 Date: 15 & 16 October 2007

Time: 9:30 – 5:00pm Cost: $330

Bookings required

Contact: Mandy Flahavin (08) 9489 6322

www.relationships.com.au

WESTERN AUSTRALIA

The WA Chapter of the Institute of Arbitrators and Mediators Australia is holding a Mediation Colloquium on 13 February 2007.

CPD event for Arbitrators – (possibly a Moot) on 12 March 2007 and Training for Adjudicators under the

Construction Contracts Act 2004 on 17 and 26 March 2007

All enquiries to the Chapter Administrator at [email protected] or phone 9201 0564


GGRRAANNDD FFIINNAALL 22000066

WINNER: Christ Church Grammar School

RUNNER UP:

Great Southern Grammar School

Held at: Edith Cowan University, Faculty of Business and

Law

Thursday, 21 September 2006 7.00pm – 9.00pm

Chr is t Church Grammar School

Teacher: Michelle Gore

Coach: Jill Howieson

Mediator 1: Lachlan Bisset

Mediator 2: Lawrence Ward

Drew (Party A1): Daniel Bourke

Alex (Party A2): Daniel Johnson

Pat (Party B1): Andrew Burns

Cameron (Party B2): Jonathon Lau

Reserve: Michael Wilson

Great Southern Grammar School

Teacher: Sheryl Gardner

Coaches: Antonia Grasso Kathy Burgess

Mediator 1: Alice York

Mediator 2: Shani Mattinson

Drew (Party A1): Natalie Sharp

Alex (Party A2): Ella Budrikis

Pat (Party B1): Alannah Woods

Cameron (Party B2): Anna Lloyd

Reserve: Laine Ferry

Adjudicators Judge John Chaney Helen Shurven Colin Kaeser Susan Leeming Lyn Sleator David Parry

PROGRAM The teams, adjudicators and guests were welcomed by Professor Robert Harvey, Executive Dean, Faculty of Business and Law.

Following the mediations the following awards were presented:

Encouragement Awards sponsored by Relationships Australia

Mandy Flahavin, Manager of Family Dispute Resolution Services, presented the Encouragement Award to St Brigids for their wholehearted dedication to SCRAM in 2006.

St Brigids received a plaque, certificates, LEADR video and training place for a teacher at a Relationships Australia 3 day mediation course. Participation Award sponsored by Institute of

Arbitrators and Mediators Australia

Kim Doherty, Deputy Chairman, Western Australian Chapter, presented trophies and certificates to Safety Bay Senior High School for the highest number of participants in SCRAM in one school in 2006.

Safety Bay Senior High School received an IAMA Teacher training course, LEADR video and certificates.

Runner up sponsored by Centrecare

Judge John Chaney, State Administration Tribunal made the presentation to Great Southern Grammar School.

Great Southern Grammar School received a plaque and a LEADR Video, a Mediation training course from Centrecare. Team members, teacher and coach each received a trophy and certificate.

Winner sponsored by LEADR

Judge John Chaney, State Administration Service made the presentation to Christ Church Grammar School.

Christ Church Grammar School received the perpetual trophy, a plaque and one complimentary enrolment in a mediator training course conducted by LEADR Team members; teacher and coach each receive a trophy and certificate.


SCRAM AIM AND PHILOSOPHY

SCRAM is a Year 9 & 10 interactive role play competition aimed at encouraging the development of conflict resolution skills in secondary schools. Mediations are based on fictitious community based scenarios. A team of 6 – 10 students is given background information on a problem and the student mediators lead the disputing parties through the mediation process in an effort to find a solution that all can accept.

Mediation is a structured problem solving process. It is one of the principal forms of alternative dispute resolution and offers the opportunity to resolve disputes to the satisfaction of all parties. SCRAM provides an enjoyable and dynamic way of introducing students to the mediation process. ACKNOWLEDGEMENTS

The Western Australian Dispute Resolution Association Inc. would like to thank all the volunteers who have contributed to the 2006 SCRAM Program and Competition as coaches, adjudicators and SCRAM Committee members.

In particular, WADRA would like to thank Edith Cowan University Faculty of Business and Law for sponsoring SCRAM since 2005 and for hosting the SCRAM Grand Final.

The SCRAM committee appreciates the provision of meeting rooms at Legal Aid Western Australia. Financial support from The Alfred T Bellord Charitable Trust (administered by Perpetual Trustee) is gratefully acknowledged.

PRINCIPAL SPONSORS

Edith Cowan University – Faculty of Business & Law

LEADR

Centrecare

The Institute of Arbitrators & Mediators Australia

Relationships Australia

Citizens Advice Bureau

Legal Aid

The Trillium Group 2006 Commit tee

Margaret Halsmith (Convenor); Julia Carr (ECU) (Co-ordinator); Mark Stoney (ECU); Elizabeth Halsmith (Centrecare); Rae Kean (Relationships Australia); Margaret Dixon (Citizens Advice Bureau); Katia Nadalin (Legal Aid); Jenny Sullivan (Citizens Advice Bureau); Chris Stevenson (Francis Burt Chambers & LEADR); Julie Mercer (IAMA); Ruther Reader (Legal Aid); Marilyn Hopkins (Hopkins & Associates); Catherine Doran (Murdoch University).

2006 Grand Final Mediation

LONELY LEAVERS Parties: Party A1: Alex – 17 year old, year 12 student

Denton High School. Party A2: Pat – 17 year old, year 12 student

Denton High School. Party B1: Cameron – 18 year old, year 12 student

Denton High School. Party B2: Drew – 17 year old, year 12 student

Denton High School. Background informat ion Alex, Pat, Cameron and Drew are all friends, Alex and Pat in particular have remained close friends since primary school. Cameron joined the school at the beginning of year 11 having come from overseas to attend year 11 and 12 to sit the TEE. Repeating year 11 means that Cameron is 18 years old. Cameron’s first class at Denton High School had been science where Cameron sat next to Drew. They hit it off immediately. Drew was a bit of a loner except for hanging out with friends Alex and Pat. Drew didn’t play sport, was a bit of a science geek, and socialized very little other than with Alex and Pat. Drew got on with Cameron from the first day when Drew learnt of Cameron’s interest in science. Both want to end up working in the sciences. Drew wants to work as a scientist for the CSRIO and Cameron wants to become a chemical engineer. Alex and Cameron are also members of the school hockey team. Both are very talented players. The create a formidable team on the field. It was as if they knew what the other was thinking and repeatedly Cameron would get the ball to Alex who would then turn the situation into a goal. Cameron enjoyed playing hockey and Alex was passionate about it. Alex’s big ambition is to play hockey for Australia. The school coach is heavily involved in competition hockey and saw both students as potential players for the state and possibly the country. All four planned to go on “leavers” together and all their parents were happy about this. The four had looked out for each other over the past two years and their parents were confident they would be safe together. Pat’s and Drew’s parents insisted however that “leavers” take place on Rottnest Island or not at all. They were worried about drink driving issues. On the island no cars were allowed and all the “leavers” were given a special section of the island to stay at, mix and have fun.

(cont. page 9.)


(cont. page 8). There was also to be a special first aid post available for those who got hurt or who drank too much, To get a place to stay on the island “leavers” had to put their names down and only those names randomly chosen got accommodation. “Leavers” would be starting the last week of November. The incident It was the fourth last hockey game of the season against the school’s strongest rival. It looked like being a hard game. The coach had told the team at training on Thursday that his mate, one of the coaches for the State hockey team, was coming to watch the game. Alex was really excited. This could be his/her chance for possible selection to the State team. The four had accepted an invitation to go to the 18th birthday party of another year 12 student. It was being held the Friday night before the game. Alex had suggested that she/he and Cameron not go to save themselves for the game but Cameron wanted to go. Alex decided to go but to stay for only a couple of hours. All were having a good time at the party. Alex only drank coke. Alex was a bit concerned about the mixed drinks Cameron was putting away because, like the rest of them, Cameron did not drink. “It will be fine” Cameron had assured Alex. When Alex got picked up at 11.00pm, the party was in full swing. Cameron, Pat and Drew were staying until 12.30am when Cameron’s parents were picking them up. Unfortunately, after Alex left, Cameron somehow got challenged into a sculling competition with another party goer. Both Pat and Drew had tried to stop Cameron but Cameron persisted. The three were not picked up until 1.00am and by that stage Cameron was very drunk indeed. Pat and Drew spent the night at Cameron’s and all three went to the game together. The game did not go well.

Cameron was suffering from a dreadful hangover and did not play well – Cameron felt like death. Alex didn’t get the leads Alex was used to from Cameron and when Alex did get a shot it was placed so badly that Alex had to work extra hard to make the shots to set up for a goal. By half time the coach took Cameron off the field. Alex was furious at Cameron. This affected Alex’s game. Alex made silly mistakes and missed easy goals. Alex could see the shocked look and the shaking head of the coach a few times after he made silly mistakes. This made it worse. The game ended, the school team lost by two goals. Alex was last off the field and came off furious. Alex walked up to Cameron who was standing with the rest of the team. Cameron started to say something to Alex but before Cameron could speak Alex started yelling abuse at Cameron about being irresponsible, unreliable and untrustworty and about it being Cameron’s fault that Alex played badly and would probably not be selected for the state team.

Cameron was silent at first then started screaming back at Alex that if Alex did not get selected it was because Alex just could not play hockey well enough. Alex became so upset after that comment that Drew and Pat got concerned. Pat started pulling Alex away. Drew started doing the same to Cameron. In the end Cameron yelled at Alex that she/he was not going on leavers with Alex and that was that. Either Alex went or Cameron went but they both were not going. Cameron then walked off. Aftermath On Monday Cameron told Pat and Drew she/he was serious about what she/he had said about “leavers”. Both Pat and Drew were shocked and concerned. Without Cameron they could not stay on Rottnest unless they found another 18 year old whom their parents trusted. It was also highly unlikely if they pulled out now they would get their money back for several weeks to use for other arrangements. The next few weeks were really difficult. Alex and Cameron were not talking to each other. Pat and Drew were caught in the middle. All four were no longer sitting together. Out of loyalty, Pat sat and hang out with Alex. Drew, out of concern and loyalty, hung out with Cameron. At times things got even a little strained between Pat and Drew when talking to each other about who was to blame and who should do what to resolve the problem. Two further games of the season were played but the tension between Cameron and Alex showed on the field and was affecting the whole team. Cameron no longer played to assist Alex and Alex was off his/her game. Pat’s and Drew’s parents continue to insist that, dispute or not, “leavers” has to be on Rottnest. The situation is also affecting their studies and their parents were starting to talk about canceling “leavers” altogether if they did not get their studies back on track. To try and salvage the situation Pat’s parents contacted Pat’s 18 year old cousin Leigh who had agreed to go to “leavers” if needed. Leigh was on Rottnest last year for “leavers” and it was a lot of fun. The group has been told if they cancel their booking it will take weeks before their money is returned and it will be paid to the 18 year old named in the booking. In the end the coach spoke to the school counsellor who spoke to each of the students and suggested they go to a mediator to help resolve the dispute…. Scenar ios The WADRA-SCRAM subcommittee wishes to acknowledge and thank the New South Wales Law Society for assisting with scenarios for SCRAM WA in 2006. If you would like to assist with coaching or adjudicating, and/or if your school is interested to participate, please explore the web site and contact the SCRAM co-ordinator at www.scram.business.ecu.edu.au


Video Assessment days are scheduled in order to assist members or new applicants to successfully complete the requirements for accreditation in accordance with the Scheme for Accreditation of Mediators. The assessment process wil l al low any member of LEADR to seek accreditation. The pre-requisite is completion of a course in mediation (by a recognised training provider) or with suitable extensive experience in the field. The LEADR assessment procedure involves:

• a two hour mediation simulation which wil l be video taped; • review of the videoed simulation by one or more LEADR assessors. • satisfactory evidence of competence in key areas of mediation practice,

as demonstrated by the candidate during the simulation.

COST: A$484.00 (including GST of $44) NOTE: Video Assessments wi l l be held in 3 sessions of 2 hours duration each. Candidates need only complete one session.

Session 1: 8.45am – 10.45am Session 2: 11 .15am – 1.15pm Session 3: 2.00pm - 4.00pm

For more information or to be sent a registration form please contact:

LEADR, Level 9, 15-17 Young Street, Sydney NSW 2000 Telephone: (02) 9251 3366 Facsimile: (02) 9251 3733

PERTH DATES

Wednesday, 28 March 2007

Thursday, 21 June 2007

Tuesday, 31 July 2007

Thursday, 8 November 2007


LEADR is delighted to announce a very competitive Professional Indemnity Insurance policy that, at the instigation of LEADR, Aon risk Services has negotiated.

$125 for 12 months’ cover This offer is available only to financial members of LEADR. Many of our members have contacted us to comment on how pleased they are to be able to access professional indemnity cover at such a reasonable rate. Please note that members are under no obligation to obtain Professional Indemnity Insurance through Aon Risk Services. You are free to use your current insurer or source another scheme. Members can access this offer however, only through this arrangement with LEADR. Please contact Aon Risk Services to seek advice before you make your final decision. Please refer to the LEADR website www.leadr.com.au for details of how to become a member.

Confidence is built on trust; trust Aon when it comes to your insurance

Aon’s professional indemnity policy covers members of LEADR for your:

• Legal defence costs, • compensation, and • legal costs to be paid to the claimant;

Following allegations of professional wrongdoing by you in the course of providing services.

Who is covered?

The insurer has agreed to provide cover for sole practitioners who operate under a Company name. The insurer is unable to extend cover for companies that have more than one member operating under a Company structure. We can assist these members by providing a competitive stand alone cover.

What activities am I covered for?

Mediation, Adjudication, Arbitration, Dispute Resolution, Conflict Management, Facilitation, Community Engagement, Training, Human Resource Management Consultancy, Coaching and Counselling.

Is there any excess?

Yes. The excess if $5,000 inclusive of legal fees. Are there any additional covers?

Yes, you are automatically covered for:

• Libel and slander • Intellectual property. • Lost documents. • Fraud and dishonesty. • Joint venture liability • Fidelity cover to $50,000 (misappropriation of funds). • Cover for past activities – 1 January 2000 retroactive date.

What happens if I retire or cease to operate?

The policy provides free run-off cover for members (sole practitioners who have ceased to practice). This is on the basis that LEADR Master Policy is renewed each year. If the Master Policy is not renewed or is replaced with another Insurer run-off cover will not be applicable.


Professional Indemnity Insurance

NEED HELP?

Kerry Howson – Account Broker (08) 8100 0627

Tia Hutchings – Account Executive (08) 8301 1186 Wayne Trezona – Account Manager (08) 8301 1170

The nominated Directors have been meeting regularly to lay the groundwork for an excellent conference.

The theme will be ‘Transforming the Landscape’. It is expected that the Conference will be held over three days between late August and early October in 2008.

Details will be announced in the WADRA newsletter as they come to hand.

Please find the directors listed below:

Mark Stoney Associate Professor Faculty of Business & Law School of Law & Justice Edith Cowan University

Mandy Flahavin Manager FDR Relationships Australia WA

Graham Castledine Secretary 9th National Mediation Conference Special Counsel, Minter Ellison Proprietor, Castledine Legal and Mediation Services

Laurie James Chairman of Partners Kott Gunning WADRA Convenor

Tony Newport Newport & Wildman Co-Chair 8th National Mediation Conference Hobart

Catherine Doran Consultant Mediator & Lawyer

Helen Marks Director of Alternative Resolutions and Equity Department of Defence Canberra Director of National Mediation Conferences since 2002

Chris Stevenson Co-Chair 9th National Mediation Conference Barrister Francis Burt Chambers

Margaret Halsmith Co-Chair 9th National Mediation Conference Director & Principal Mediator Halsmith Consulting Pty Ltd

Organising Committee: a group of people who have offered to support the Conference, through the Directors:

Julie Mercer Bruce Menzies

Colin Kaeser Peter Curry

Barbara Kwiecien Karene Primrose

Lynn Stephen Nicolette Ciffolilli

Sandra Boyle Robert Mancini

Rose Zaffino Tracey Marshall

The directors would be pleased to hear from people with suggestions for international Conference speakers. Please send suggestions and comments by e-mail to:

Mr Graham Castledine Secretary 9th National Mediation Conference [email protected]

Margaret Halsmith – Co-Chair


9th LEADR National Mediation Conference

2008 update

EVENTS DIARY

2007 Date

Time

Event

Organisation

Complete Cost

Contact

7 February 1.00pm WADRA Meeting Kott Gunning

WADRA N/A Grace Onley Tel: (08) 9321 3755

13 February All day Mediation Colloquium IAMA TBA Wendy Brown Tel: (08) 9201 0564

13 February All day Breaking the Deadlock Mastering the Art of Exploration CBD or near to CBD location

LEADR $440 - Early Bird $495 - Standard

Margaret Halsmith Tel: (08) 9388 1272

12 March All day CPD Event for Arbitrators IAMA TBA Wendy Brown Tel: (08) 9201 0564

12 – 14 March 9.30am - 5.00pm Mediation Training Level 1


$495 Mandy Flahavin Tel: (08) 9489 6322

14 - 17 March All day LEADR Mediation Workshops 2007 LEADR Early Bird: $440 (Incl. GST)

Standard Reg: $495 (Incl. GST)

Margaret Halsmith

17 – 26 March All day Training for Adjudicators under the Construction Contracts Act 2001

IAMA TBA Wendy Brown Tel: (08) 9201 0564

28 March 3 sessions various times

Video Assessment Accreditation assessment days

LEADR $484 (excl. GST) LEADR Sydney Tel: (02) 9251 3366

4 April 1.00pm WADRA Meeting Venue to be advised


18 & 19 June 9.30am – 5.00pm




21 June 3 sessions various times



31 July 3 sessions various times



1 August 1.00pm WADRA Meeting Venue to be advised


20 – 22 August 9.30am - 5.00pm Mediation Training Level 1



19 – 21 Sept 3 days 9th International Mediation Conference LEADR TBA Margaret Halsmith Tel: (08) 9388 1272

3 Oct 1.00pm WADRA Meeting Kott Gunning


15 & 16 Oct 9.30am – 5.00pm




17 – 20 Oct All day LEADR Mediation Workshops 2007 LEADR Early Bird: $440 (Incl. GST)

Standard Reg: $495 (Incl. GST)

Margaret Halsmith

8 Nov 3 sessions various times



5 Dec 1.00pm WADRA Meeting Venue to be advised



Member bodies and representatives of WADRA

AACDR (Accountants Assisting Commercial Dispute Resolution) (Jennifer Low – Tel: 9221 9339)

Aboriginal Alternative Dispute Resolution Service (AADRS) (Margaret Maxwell – Tel: 9229 2450)

Anglicare (Bruce Menzies – Tel: 9325 7033)

Australian Property Institute (John Garmony – Tel: 9474 2220)

Bunbury Community Legal Centre (Community Mediation Service) (Lynn Stephen – Tel: 097 913 206)

Centrecare Marriage and Family Service (Carole Hopkins – Tel: 9440 0400)

Citizens Advice Bureau of W.A. (Inc.) (Elizabeth Acason - Tel: 9221 5711)

Curtin University (Leighton Jay – Tel: 9266 7207)

Department of Conservation and Land Management (Tel: 9334 0290)

Edith Cowan University (Mark Stoney - Tel: 9400 5555)

Family Court Mediation and Counselling Service (Kay Benham - Tel: 9224 8248)

Federal Court of Australia (Martin Jan - Tel: 9268 7100)

Gosnells Community Legal Centre (David Webse – Tel: 9398 1455 or 66 – Not on Mondays)

Halsmith Consulting Pty Ltd (Margaret Halsmith – Tel: 9388 1272)

Henderson Power (Shane Henderson – Tel: 9474 5777)

Institute of Arbitrators & Mediators Australia (Wendy Brown – Tel: 9201 0564)

Law Society of Western Australia (Laurie James – Tel: 9321 3755)

LEADR (Chris Stevenson – Tel: 9220 0472)

Legal Aid ADR Unit (Mark Proud – Tel: 9261 6205)

Murdoch University (Catherine Doran – Tel: 9360 2984)

National Native Title (Lillian Maher – Tel:

Relationships Australia (Rae Kean – Tel: 9489 6363)

RAP Program (Melanie Pearse – Tel: 0407 424 312)

Solutions for Conflict (Nicoletta Ciffolilli – Tel: 9388 1272)

Supreme Court of Western Australia (Hon. Mr Justice Simmonds – Tel: 9421 5333)

The Australian Institute of Family Law Arbitrators and Mediators (Colin Kaeser – Tel: 9224 8222)

University of Notre Dame Australia (Jane Power – Tel: 9433 0732)

University of Western Australia (Robyn Carroll – Tel: 9380 2965)

Victim-Offender Mediation Unit (Graeme Roe – Tel: 9221 4655)

Newsletter editor

Jennifer Low, Sheridans, Chartered Accountants, Level 6, 40 St George’s Terrace, Perth WA 6000 Tel: (08) 9221 9339 Fax: (08) 9221 9340 E-mail: [email protected] www.sheridansac.com.au

Documents

Western Australian Newsletter Dispute Resolution Association Newsletter December 2006.pdf · Western Australian Newsletter Dispute Resolution Association Volume 37 December 2006 The