Events
UPCOMING EVENTS
More events to be posted here soon!
PAST EVENTS
SATURDAY 20 APRIL 2024
ASTRID GERRITS
RESTORATIVE PRACTICE IN ADR: ONE MEDIATOR'S PERSPECTIVE
Members attended an all-day workshop featuring speaker Astrid Gerrits presenting on the topic Restorative Practice in Family Dispute Resolution: One Practitioner's Response.
Elaborating on a talk presented to the National Mediation Conference and subsequently held for VADR in October 2023, Astrid conducted a workshop on how she has incorporated Restorative Practice into her Family Dispute Resolution practice for seemingly intractable cases. Restorative Practice in Family Dispute Resolution (RP-FDR) is highly suitable for parents who have been separated for some time, who return to FDR or who seem stuck on issues that may seem minor to the FDR practitioner.
This innovative approach of mediation, reflection, and a focus on relational repair and healing enables parties to progress more constructively in their mediation journey. The model is much needed in a time where society at large is becoming more polarised and less conversational when caught in disputes. By having clients experience a different way of repairing relationship harm, solutions can sometimes be arrived at which seemed impossible.
About the speaker
Astrid Gerrits grew up in a culturally rich suburb of Amsterdam in The Netherlands, and since 2008 has lived in Broome, on Yawuru country in the Kimberley region of Western Australia. On arrival in WA, she was employed by the First Nation people of Broome and the wider Kimberley. In her roles with the Kimberley Land Council, she has gained an extensive understanding of the importance of culture, family, community and country to Indigenous people.
Astrid's work experience spans many areas, including academic hospital (paediatrics and intensive care); justice (Dutch correctional service; learning and intellectual disabilities; mental health; and separation services/family relationships. For a decade, she has worked with the families of the Kimberley, mostly around conflict and separation, in her varied role as counsellor, FDRP, CIP practitioner and coordinator/supervisor of the Kimberley Family Relationship Centre. Since being in private practice, she has trained in Emotionally Focussed Therapy and Brainspotting, enhancing her integrative approach to relationship counselling, trauma healing and mediation.
WEDNESDAY 17 APRIL 2024
CATHERINE AIRD & SUZANNE KIRTON
RESOLVING BUILDING DISPUTES WITH ADR
VADR hosted a CPD Zoom event Wednesday 17 April 2024 featuring Suzanne Kirton and Cathy Aird, who spoke on Resolving Building Disputes with ADR.
Why is resolving a building dispute with ADR better than litigation? What strategies are useful in doing so? Attendees heard the answers to these and other questions on this subject from two of the most experienced practitioners in the field, Catherine Aird (Senior Member, VCAT) and Suzanne Kirton (Judge of the County Court in charge of the Building Cases List and VCAT Vice-President).
About the speakers
Cathy Aird is now a VCAT Senior Sessional Member, after 17 years as a VCAT Deputy President. As a nationally accredited mediator with extensive experience in ADR, and a strong commitment to assisting parties reach a resolution they can live with, Cathy conducts private mediations specialising in building and construction disputes and retail tenancy disputes (including VCAT proceedings). Her mantra has always been to 'never lose sight of the people behind the litigation'.
Suzanne Kirton is a Judge of the County Court of Victoria (currently the Judge in charge of the Building Cases List) and a Vice President of VCAT. She was previously a barrister and accredited mediator, and company solicitor of the Housing Guarantee Fund. She is a Senior Fellow of The University of Melbourne, teaching the Master of Laws subject 'Residential Construction Law'.
MONDAY 25 MARCH 2024
JEFF KATZ
WHEN CLIENTS COMPLAIN ABOUT PRACTITIONER MISCONDUCT (AND HOW TO AVOID IT)
VADR provides an independent complaints process to which many mediators, particularly FDRPs, choose to submit if a client wants to pursue a formal complaint.
In this one-hour Zoom presentation, Jeff sought to unpack and demystify the process that unfolds when a formal complaint regarding practitioner conduct is received (thankfully, infrequently), and the range of potential outcomes impacting practitioners. Particular attention was given to reflecting on common themes emerging from complaints received, and how to avoid them. The presentation was also intended to assist mediators/facilitators working in private organisations or in government who wish to avoid complaints.
About the Speaker
Jeff Katz is a highly experienced dispute resolution professional, who has been practising as a mediator/conciliator in a variety of evidence-based dispute resolution interventions for nearly 30 years. Although he works mainly in Family Dispute Resolution, Jeff also practices in various commercial arenas, and as a restorative engagement facilitator. His work has encompassed a range of settings, including the community and government sectors, family courts and, for many years, his own private practice.
Jeff is Chair of VADR's Complaints Sub-Committee. In addition to his foundational legal qualifications and litigation work, Jeff's formal training has included family therapy, counselling, conflict resolution and, unrelated but surprisingly relevant, political science and cultural theory.
The event was free for VADR members (non-members $25) and carried one CPD point.
MONDAY 12 FEBRUARY 2024
ANNE-MARIE CADE
THE SUPPORTIVE ROLE OF A DIVORCE COACH IN FAMILY MEDIATION
Resolving disputes constructively has been shown to significantly reduce the impact of conflict on children. In this webinar, Anne-Marie discussed the power of divorce coaching in equipping clients for productive family dispute resolution and mediation. She explained how a divorce coach can provide tailored support, guidance and skills development, enabling clients to participate effectively in the mediation process.
About the Speaker
Anne-Marie Cade is the CEO and founder of online mediation and divorce coaching practice Divorce Right. An FDRP and nationally accredited mediator with a Masters in Family Dispute Resolution and Negotiation, she has also had training in conflict coaching, high-conflict divorce, divorce coaching, parenting coordination, brain-based conversation skills, brain-based coaching skills and neurolinguistic programming.
Anne-Marie has been widely recognised for her innovative work. She was the Lexis Nexis Janders Dean Legal Innovation Award winner in 2016, recognised as Thought Leader of the Year in 2017, a finalist for the Women in Law Excellence Award in 2017, and awarded a Churchill Fellowship in 2020 to research Parenting Coordination in seven countries.
MONDAY 27 NOVEMBER 2023
GREG ROONEY
THE HERO MEDIATOR
We celebrated our final CPD event of 2023 with an overwhelmingly popular presentation from well-known speaker Greg Rooney, whose topic on this occasion was The Hero Mediator. Participation in this Zoom event carried one CPD point.
The ability of a mediator to retain their humanity in the face of parties who have lost theirs in conflict is 99% of the art, science and practice of being a mediator. It is as simple and profound as that. Our shared humanity is the asset the mediator has to offer parties in dispute.
This is opposite to the concept that mediators are heroic dispute resolvers who, using their grey hair, life experiences, knowledge of the law, psychology and the social sciences, toolbox of skills, insightful questioning, ability to project empathy, understanding and compassion, and ability to give advice and suggest solutions, will
heroically lead the parties to a resolution.
These are mechanical skills and techniques. The ultimate deal is limited by the imagination of the ‘dispute resolver’ mediator. However, where mediators can hold their humanity and allow space for something to emerge from the interaction, the end result will often be way beyond the parties’ original positions and expectations. It is a far more expansive approach to the art/science of mediation.
This human-centred approach is built on a number of mediator heuristics, including deferring persuasion; deferring solutions; staying in the moment; looking for the adjacent possible; mediating with soft eyes; remaining human to the end; loving the parties; remembering that time is the mediator’s friend; and so on.
About the Speaker
Greg Rooney is an independent mediator, arbitrator and dispute resolution practitioner, having been a practising mediator in Australia since 1991. He has mediated more than 1500 disputes in a diverse range of conflicts, including multi-party disputes involving government institutions, commercial and industrial disputes, agricultural disputes, franchise disputes, matrimonial disputes and disputes involving conflict in the workplace.
Greg has developed programs in mediation, dispute system design and project alliancing at a number of Australian universities, including the University of Queensland and Southern Cross University. He has sat on several boards of the National Mediation Conference and served a six-year term as a Director of the Mediator Standards Board.
Together with Margaret Ross and Barbara Wilson from the UK, Greg has conducted numerous annual mediation retreats in Tuscany, Italy (2012-2019). After the COVID break, Greg's retreat returned to Tuscany in June 2023 and he will be running the next Tuscany retreat, with Margaret Ross, from 22 June to 28 June 2024.
SATURDAY 28 OCTOBER 2023
CHRISTOPHER BOYLE, ILANA KATZ, JEFF KATZ, ENA SHAW
PROFESSIONAL DEVELOPMENT DAY
After a hiatus of three and a half years, VADR conducted a full-day, fully catered professional development day at Daylesford, again at the local Football & Netball Club Rooms. The four featured speakers addressed topical areas of ADR that are helpful for maintaining an understanding of the requirements of the profession.
He outlined the process undertaken when a complaint is received against a practitioner and the range of potential outcomes. Jeff gave particular attention to identifying common themes emerging from complaints received.
Jeff Katz
Jeff Katz opened the program with a discussion of complaints - specifically, how to avoid them and what to do if you can't. VADR provides an independent complaints process to which many mediators, particularly FDRPs, choose to submit when clients want to pursue formal complaints. This presentation unpacked and demystified the process undertaken when formal complaints regarding practitioner conduct are received (thankfully infrequently) and the range of potential outcomes impacting practitioners. Particular attention was paid to identifying common themes emerging from complaints and learning from these.
A highly experienced dispute resolution professional, Jeff has practised as a mediator/conciliator in a variety of evidence-based dispute resolution interventions for nearly 30 years. Although he works mainly in Family Dispute Resolution, Jeff also practises in various commercial arenas and as a restorative engagement facilitator. His work has encompassed a range of settings, including the community and government sectors, family courts and, for many years, his own private practice. Jeff is Chair of VADR’s Complaints Sub-Committee.
In addition to his foundational legal qualifications and litigation work, Jeff’s formal training has included family therapy, counselling, conflict resolution and, unrelated but surprisingly relevant, political science and cultural theory.
Christopher Boyle
MSB Chair Christopher Boyle gave a particularly pertinent presentation on the proposed changes to practice standards set out in Version 1 of the draft AMDRAS standards that are intended to replace the NMAS.
Christopher Boyle was born and educated in Western Australia, and was in private practice as a lawyer for nearly 20 years. His experience of litigation led him to question the nature and value of judicial determination as a method of resolving disputes.
After leaving practice, he directed the organisation providing practical legal training in that State for four years, before spending 20 years as a Registrar of the Supreme Court of Western Australia. In that position, he was both case manager and mediator, conducting some 1500 mediations across the whole breadth of the Court’s jurisdiction, from bitter family squabbles over small estates to disputes over multi-billion-dollar enterprises. Along the way, he also taught law or business courses in three universities.
He has been a director of Mediator Standards Board Limited since 2018 and its Chair since 2021.
Ilana Katz
Ilana discussed supervision: what it is, how it can help prevent burnout in the context of the vicarious and cumulative workplace trauma that accompanies mediation work, and the importance of self-care. She also outlined various types of supervision, how each can benefit your work, when to get it and how to pick a supervisor who best suits you. There was a small-group activity to share experiences and a case study was explored.
Ilana Katz is a now-retired psychologist and family therapist who has worked in family law for more than 30 years. She spent 21 years at the Family Court, where she rose to the position of Regional Coordinator of Child Dispute Services for the Southern Region (Victoria, South Australia and Tasmania). As part of her work, Ilana has had experience dealing with high-conflict matters, including family issues such as complex grief, family violence, mental-health issues, substance abuse and child abuse. Ilana has also participated in recruiting, training and supervising family consultants. Since retiring from the Court in 2011, Ilana has worked in collaborative law, which offers an alternative dispute resolution model.
Ena Shaw
As mediators, we are often stuck in trying to move ourselves and our clients away from fixed positions. Louise Evans presents a methodology of how to change our perspectives, master our own behaviour and manage the behaviour of others. In this workshop, using Evans’ Five Chair framework, Ena examined strategies to help ourselves and the parties we work with climb from the pit that has been created. In particular, she discussed the following questions:
How can we effectively enhance our strategies using the Five Chair framework?
What specific challenges arise when we cannot assist parties to move chairs?
What happens to a mediator who is stuck in a chair of thinking?
What strategies can we implement for ourselves as mediators?
What strategies can we use to assist the disputing parties?
A registered psychologist, registered FDR practitioner and nationally accredited mediator, Ena has extensive experience settling disputes involving interpersonal relationships in areas such as family law, elder mediation and the workplace. As the Family Dispute Resolution Training Manager at Relationships Australia Victoria, Ena conducted an extensive range of mediation programs. She has also carried out training for federal, state and local government bodies in family law, parent-adolescent conflict, workplace disputes, gender-based harassment, elder mediation and neighbourhood disputes. Ena was Chair of the 4th National Mediation Conference (April 1998) and Chair of the Board for the 12th National Mediation Conference (2014). Ena has presented her work at national and international conferences, has taught at VUT, is currently lecturing in mediation at the College of Law and in ADR and Mediation at RMIT, and is on the Domestic Building Disputes Resolution Victoria panel.
A panel discussion concluded the day, with Jodie Grant standing in for Christopher Boyle. All participants had the opportunity to ask wide-ranging questions of all panel members in a fascinating final session.
The speakers were extremely well received by the 50+ attendees, and the excellent catering was much appreciated. The event also offered plenty of opportunities to mix, mingle and network.
THURSDAY 12 OCTOBER 2023
ASTRID GERRITS
THE PLACE OF RESTORATIVE PRACTICE ALONGSIDE FAMILY DISPUTE RESOLUTION
A VADR CPD event conducted via Zoom at 6pm on Thursday 12 October 2023 featured speaker Astrid Gerrits, a Family Dispute Resolution Practitioner (FDRP) from Broome, Western Australia. Astrid discussed The Place of Restorative Practice Alongside Family Dispute Resolution.
Restorative practice has enormous potential to repair harm. In Astrid's opinion, the tool is gold. It is simple, empowering and effective. Family Dispute Resolution is about moving forward. We tend to assess parents' capacity to leave past relationship issues behind. We 'move parents forward' and 'focus on the child', steering clear of the past partner relationship. Astrid has developed an innovative integration of restorative practice and Family Dispute Resolution, with which she has had excellent outcomes. She trained dozens of Western Australian FDRPs and lawyers in this model during the first and only WA Family Relationship Centre training day in Perth in 2018 while in her role as coordinator of Kimberley Family Relationship Centre and regional representative for WA Family Law Pathway Network.
About the Speaker
Astrid grew up in a culturally rich suburb of Amsterdam, in the Netherlands, and has lived in Broome, on Yawuru Country in the Kimberley region of WA, since 2008. Upon arrival, she was employed by the First Nation people of Broome and the wider Kimberley. In her roles with the Kimberley Land Council, she has gained an extensive understanding of the importance of culture, family, community and country to Indigenous people. Astrid's work experience spans many areas, including:
• academic hospital (paediatrics and intensive care);
• justice (Dutch correctional service);
• learning/intellectual disabilities;
• mental health; and
• separation services/family relationships.
For a decade, Astrid worked with families of the Kimberley, mostly around conflict and separation, in her varied role as counsellor, FDRP, CIP practitioner, and coordinator/supervisor of the Kimberley Family Relationship Centre. Since being in private practice, Astrid has trained in Emotionally Focussed Therapy and Brainspotting, enhancing her integrative approach to relationship counselling, trauma healing and meditation. Astrid is considered a compassionate, authentic, culturally agile and holistic professional. Her approach to service delivery has always been focussed on accommodating client needs in their specific context, showing innovation and integrity.
WEDNESDAY 27 SEPTEMBER 2023
RACHEL DIXON
PROACTIVE AND INFORMAL RELEASE OF INFORMATION IN THE VICTORIAN PUBLIC SECTOR
This VADR CPD event was conducted via Zoom at 6pm on Wednesday 27 September 2023. The speaker was the newly appointed Acting Victorian Information Commissioner at the Office of the Victorian Information Commissioner (OVIC), Rachel Dixon.
The OVIC recently released a thought-provoking discussion paper entitled Proactive and Informal Release of Information in the Victorian Public Sector. Using this discussion paper, Rachel discussed how OVIC views the active and informal release of information as a basis for reducing the volume of disputes and recourse to VCAT, as well as examining the role mediation plays in OVIC's Freedom of Information and privacy work overall.
Rachel has delivered many keynote addresses on technology, privacy, and artificial intelligence and is particularly interested in the impacts of culture upon technology and vice versa.
The event carried one hour of CPD.
About the Speaker
Prior to her appointment with the Office of the Victorian Information Commissioner (OVIC) in August 2023, Rachel served from November 2017 as the Privacy and Data Protection Deputy Commissioner, responsible for the Privacy and Data Protection Act 2014 (Vic), including the Victorian Protective Data Security Standards.
In former lives, Rachel headed the Australian Government’s digital identity initiative (as Head of Identity at the Digital Transformation Office) and oversaw consolidation of 17 legacy data stores into a new big data platform (as Executive Program Manager for Business Transformation at Suncorp). For more than five years, she developed advanced media and advertising platforms as COO at Viocorp. Prior to that she was a senior executive at the Seattle-based the Platform for Media, delivering and supporting major online and mobile platforms for Telstra and News Corporation; General Manager at Massive Interactive leading a development and design team on state-of-the art systems for the Airbus A380, among other projects; a Director of the Australian Centre for Advanced Computing and Communications; Deputy Chair at Choice (the Australian Consumers Association); and Director of several small software companies.
In 1998 she co-founded telecommunications company FIBRE, servicing the Motion Picture Post Production and VFX industry. She is a past Director and Chair of several other media, software and telecommunications companies, a former senior executive with Film Australia and Film Victoria, and producer or executive producer on several hundred film and television projects, many winners of major awards.
MONDAY 31 JULY 2023
PROFESSOR ALYSOUN BOYLE & PROFESSOR LOLA AKIN OJELABI
PLAYING DEVIL'S ADVOCATE: THE DOUBLE-EDGED SWORD OF REALITY TESTING
A VADR CPD Zoom event was held at 6pm on Monday 31 July 2023. The evening featured Professor Alysoun Boyle and Professor Lola Akin Ojelabi speaking on Playing Devil's Advocate: The double-edged sword of reality testing.
Professors Boyle and Akin Ojelabi have recently completed an extensive MSB-funded study of the use of reality testing in the context of mediation in Australia. Although their research found that most Australian mediators do use reality testing in their mediations, there are differences in their understanding of what 'reality testing' itself means, when it is used, how it is used, and the effects it has on the parties, on the process and on the role of the mediator.
The focus of Professors Boyle and Akin Ojelabi's presentation was on the positive and negative effects that mediators and conciliators noted in their responses to the researchers. They discussed the significant ethical implications of these effects, as well as what some reported negative effects might mean for mediator self-care.
This event was exceptionally well-received and attracted a very large audience.
WEDNESDAY 5 JULY 2023
ROB JAGGER
HOW TO GROW YOUR MEDIATION BUSINESS
A VADR CPD Zoom event was held at 6pm on Wednesday 5 July. The featured speaker was Rob Jagger, who discussed 'How to Grow your Mediation Business'.
Many people go into the mediation business highly motivated and prepared to work very hard. However, running a business and building a business are two separate sets of skills, and sometimes it seems impossible to bring in new clients. In this presentation, Rob discussed how to refocus that initial energy, develop a logical order for your business objectives and build a platform for growth.
Rob Jagger is a Business Coach and Business Exit Strategist at Outcomes Business Group, with more than 25 years' broad experience across the commercial, manufacturing, financial administration and supply-chain sectors. He has an MBA(E) from the Australian Graduate School of Management and is a Certified Exit Planning Advisor 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.
THURSDAY 1 JUNE 2023
NADIA STOJANOVA
REGULATING TO PREVENT WORKPLACE BULLYING: OPTIONS FOR REFORM
A VADR CPD Zoom event was held at 6pm on Thursday 1 June. The speaker, barrister Nadia Stojanova, presented on Regulating to Prevent Workplace Bullying: Options for Reform, the topic of the PhD thesis she is currently completing.
Nadia discussed how legal regulation can more effectively be used to prevent the occurrence and recurrence of workplace bullying in Australia. Her talk included consideration of potential recommendations for law reform.
About the Speaker
Nadia Stojanova is a barrister at the Victorian Bar and recommended junior counsel in workplace law by Doyles Guide. She runs a busy practice, where she is regularly briefed in employment law, industrial relations and regulatory law. Nadia is also an Honorary Senior Fellow in Law and a lecturer at The University of Melbourne as well as an Accredited Advocacy Instructor with the Australian Advocacy Institute. She is currently completing her PhD on the topic she will be discussing at this event.
TUESDAY 2 MAY 2023
SUSAN HAMILTON-GREEN
CHANGES TO THE FAMILY LAW ACT
At a VADR CPD Zoom event at 6pm on Thursday 27 April 2023, Susan Hamilton-Green spoke on the topic of Changes to the Family Law Act.
Susan discussed the new provisions that are to be introduced into the Family Law Act, the changes these provisions will make to the current legislation, the likely impact of the changes and what this will mean for FDR practitioners, and what is anticipated in the second round of changes being foreshadowed by the Attorney-General.
This event was exceptionally well attended.
About the Speaker
Susan Hamilton-Green is a Melbourne-based family lawyer, mediator, researcher and teacher. She has been a specialist in Family Law (LIV) since 1990, and is very experienced in parenting and financial matters. As an ICL, Susan has also been a specialist in Mediation (LIV) since 1993 and a registered FDR practitioner. She is a trainer, arbitrator and conflict coach, and provides mediation training, coaching and supervision.
Susan undertakes private mediation, as well as FDR conferences through the VLA. She is also a lecturer for the College of Law, one of the principals of InTandem Legal Services and the principal of Creative Family Law Solutions.
TUESDAY 21 MARCH 2023
DAVID MOORE
CORE SKILLS AND NEW HORIZONS FOR RESTORATIVE PRACTICES
On Tuesday 21 March 2023, an exceptionally well attended VADR CPD Zoom event featured speaker Dr David Moore, co-author (with Dr Alikki Vernon) of a book scheduled for publication by Routledge in the second half of 2023, Setting Relations Rights: Core Skills and New Horizons for Restorative Practices.
David discussed how restorative processes can help to establish, maintain and repair relationships and to neutralise conflict associated with negative relationships. He also examined how restorative justice and restorative practices have evolved, offered a practical theory of why restorative processes are effective, and considered their broader applications and potential as well as factors constraining reform.
David also examined the foundational skills of diagnosing, defining, preparing, questioning, negotiating and reflecting that facilitators use to help transform conflict into cooperation, as well as discussing the politics of reform: how the systematic use of restorative processes can help drive a virtuous circle of reform in which decision-making processes increase trust in decision-making systems, enabling "democratic mending" of institutions and a "slow cascade of nonviolence" in communities.
About the Speaker
David Moore is a Melbourne-based independent consultant who supports individuals to communicate constructively and organisations to change adaptively. He is the current President of the Australian Association for Restorative Justice.
David’s early restorative work inspired David Williamson’s Jack Manning Trilogy of plays: Face to Face, A Conversation and Charitable Intent (1999-2001) and Michael Rymer’s award-winning 2011 film adaptation of Face to Face. David also worked with Sydney-based Primed Change Consulting to manage adaptive change across government, community, and corporate-sector organisations. In recent years, he has been a Principal Consultant to Australia’s Defence Abuse Response Taskforce and its successor program with the Commonwealth Ombudsman, as well as the National Redress Scheme, the Victoria Police Restorative Engagement and Redress Scheme, and comparable Commonwealth programs dealing with elite sports and the Stolen Generations.
MONDAY 14 NOVEMBER 2022
SEAN COLEY
PARLIAMENTARY COMMITTEES AS ADR
The evening featured a fascinating and very well-received presentation by Sean Coley, who spoke on the concept of Parliamentary Committees as ADR.
At our previous VADR CPD event, in October 2022, Murray Bickerdike and Zandy Fell considered the application of the mediator skill set to workplace situations that had perhaps not previously been thought of as scenarios where mediation techniques and concepts may be useful in achieving a positive outcome.
Sean Coley's talk gave us an in-depth look into an even more unorthodox environment for mediation - the parliamentary committee room. In this situation, committee members from various political parties must find some way to reach a consensus that will at the very least create a cooperative working relationship and, hopefully, will allow useful progress to be made in regard to the matters under consideration.
Sean drew on his extensive experience working for parliamentary committees in the Victorian Parliament to explore how ADR methods can be used under such circumstances to seek and achieve bipartisan agreement from MPs representing opposing political parties. Topics covered included the role of parliamentary committees and inquiries as a means of contributing to public policy and legislative change; when politicians from different political persuasions agree (and when they don’t); and what role ADR can play in bringing about consensus.
About the Speaker
From 2010 to 2012, Sean was parliamentary adviser to the Speaker of the Victorian Parliament. He has also been a ministerial adviser in New Zealand and has worked in policy roles in the transport, health and tourism fields in both Australia and New Zealand. Sean has a Master’s degree in international political economics, and assisted the United Nations Development Program in Fiji (2015) and Tonga (2018) as part of the Pacific Parliamentary Partnerships Program, working with the Fijian and Tongan parliaments in undertaking research-based reports and public hearings. He has also held a number of positions managing other parliamentary committees and their research programs.
For the past four years, Sean has been Executive Officer for the Integrity and Oversight Committee with the Victorian Parliament. The Committee is responsible for monitoring the performance of four Victorian integrity agencies: the Victorian Ombudsman, the Independent Broad-Based Anti-Corruption Commission (IBAC), the Victorian Inspectorate and the Office of the Victorian Information Commissioner (OVIC). Sean has been an accredited mediator and a member of VADR since 2018.
THURSDAY 20 OCTOBER 2022
MURRAY BICKERDIKE & ZANDY FELL
USING THE MEDIATOR SKILL SET TO RESOLVE WORKPLACE CONFLICT
At 6pm on Thursday 20 October 2022, a VADR CPD Zoom event was held. The presentation was made by Murray Bickerdike and Zandy Fell, whose topic for discussion was Using the Mediator Skill Set to Give Clients a Broader Set of Options to Resolve Workplace Conflict.
Murray and Zandy explored:
- using the transferable skills of a mediator to assist with broader-based options in the workplace (including group-facilitated discussions, team-culture reviews and conflict coaching);
- the similarities and differences between traditional mediation and other workplace conflict-resolution options (in relation to the role of the facilitator, preparation with the parties in conflict, frameworks used, and so on); and
- case studies illustrating examples of supporting teams in conflict by offering broader options for conflict resolution.
About the Speakers
Murray Bickerdike
Murray has more than 30 years' experience in workplace conflict resolution as a mediator, coach and investigator and through facilitating culture-improvement processes. He has assisted organisations to resolve conflict between staff at all levels, reset working relationships, and improve the culture and interaction within and between groups.
Zandy Fell
Zandy is a workplace conflict resolution practitioner. Her passion is supporting others to prepare for and participate in difficult conversations. She is an experienced conflict coach, restorative facilitator and workplace investigator. Zandy supports workplaces through the 'tough stuff' by problem solving through strategy and cultural reviews.
THURSDAY 29 SEPTEMBER 2022
ELIZABETH ROSA & KATELYN BETTI
WHAT CAN WORKPLACE MEDIATORS LEARN FROM THE PRACTICE OF FAMILY DISPUTE RESOLUTION?
At 6pm on Thursday 29 September, a sizeable group joined our Zoom CPD presentation featuring Elizabeth Rosa interviewing Katelyn Betti on the question What can Workplace Mediators Learn from the Practice of Family Dispute Resolution?
For a long time, workplace mediator Elizabeth Rosa had been fascinated by the similarities between workplace mediation and family mediation and whether the skills used by FDRPs are additional to those in the toolkit of workplace mediators. In this presentation, Elizabeth interviewed FDRP/psychologist Katelyn Betti about how some of the key skills used by FDRPs can cross over into workplace mediation to manage the issues of motivation, vulnerability and capacity.
About the Speakers
Katelyn Betti
Katelyn is the Director of Family Compass, an accredited FDRP and a registered psychologist. She has more than 30 years' experience working as an FDRP and in a crisis-intervention counselling service, as well as training in working with people impacted by trauma, high conflict and workplace stress (including workplace-based peer-support models TRiM and STRaW). Katelyn provides supervision for FDRPs in the private sector and offers development training for professionals, including mediators, who want to develop their ability to respond to high-conflict and defensive behaviours.
Elizabeth Rosa
Elizabeth is the Principal of Resolve-at-Work and a nationally accredited mediator. Her background is as a lawyer, practising in insurance litigation, workers compensation and employment law. She currently lectures at the College of Law in Negotiation and Dispute Resolution and has previously lectured at the University of NSW in Resolving Civil Disputes. Elizabeth has conducted numerous mediations and facilitations for major Australian corporates, hospitals, universities, schools, government departments and councils. She runs professional development workshops for mediators throughout Australia and New Zealand.
WEDNESDAY 31 AUGUST 2022
MEGAN PHILPOT, MICHAEL HEFFERNAN & SARAH JOSEPH
THE NEW CONCILIATION FUNCTION OF THE VICTORIAN OMBUDSMAN
At a VADR CPD Zoom event at 6pm on Wednesday 31 August, Victoria's Deputy Ombudsman, Megan Philpot, together with colleagues Michael Heffernan and Sarah Joseph, spoke on The New Conciliation Function of the Victorian Ombudsman.
The panel discussed the Victorian Ombudsman’s statutory conciliation function, focussing on Ombudsman conciliation as a way to ‘cut to the chase’ by informally and flexibly resolving statutory complaints. The speakers also reflected on the experience of complainants and respondent agencies with Ombudsman conciliation to date.
About the Speakers
Victorian Deputy Ombudsman Megan Philpot has spent more than 20 years assisting commissions of inquiry, doing voluntary legal work and leading major investigations. Michael Heffernan, Principal Officer, ADR, has 10 years’ experience resolving disputes for various independent statutory bodies, while Senior ADR Officer Sarah Joseph is an accredited mediator and experienced conciliator.
TUESDAY 9 AUGUST 2022
RICHARD CLANCY
ONLINE PROCEEDINGS FOR DISPUTE RESOLUTION AT THE FAIR WORK COMMISSION
At a VADR CPD presentation at 6pm on Tuesday 9 August 2022, Deputy President Richard Clancy from the Fair Work Commission spoke about Online Proceedings for Dispute Resolution at the Fair Work Commission: Reflections on current experience and future opportunities.
COVID-19 led to unprecedented changes in the way the Fair Work Commission conducts its proceedings. It has impacted all stages of the Commission's processes, changing how it hears matters, conciliates and administers cases. This presentation reflected on how the Commission has been delivering online hearings and conciliation conferences (online proceedings); shared feedback from users about their experiences with online proceedings; and provided an overview of the development of a framework for how the Commission might utilise online proceedings into the future.
About the Speaker
Deputy President Richard Clancy commenced his appointment at the Fair Work Commission on 3 February 2016 and has been the Commission's Regional Coordinator for Victoria, South Australia and Tasmania since July 2021, having previously served as National Practice Leader for both Unfair Dismissals and Anti-Bullying.
Richard Clancy was admitted to practice as a Barrister and Solicitor on 1 April 1996, practised in industrial and employment law at the Victorian Bar (2001-2006) and has worked in various employee relations and human resources roles in the private sector. Immediately prior to his appointment to the Commission, he was Director of Workplace Relations at the Australian Chamber of Commerce and Industry.
WEDNESDAY 20 JULY 2022
PROFESSOR MANJULA DATTA O'CONNOR
DAUGHTERS OF DURGA: DOWRIES, GENDER VIOLENCE AND FAMILY IN AUSTRALIA
At a VADR Zoom event at 5pm on Wednesday 20 July, Professor Manjula O'Connor spoke about domestic violence in South Asian communities in Australia. In both her research and her extensive clinical work as a psychiatrist in private practice, Professor O’Connor has long been interested in the problems faced by South Asian women dealing with domestic violence in Australia and has recently published a fascinating book on the subject, Daughters of Durga: Dowries, gender violence and family in Australia.
In both her research and her extensive clinical work as a psychiatrist in private practice, Professor O’Connor has long been interested in the problems faced by South Asian women dealing with domestic violence in Australia and has recently published a fascinating book on the subject, Daughters of Durga: Dowries, gender violence and family in Australia.
In this presentation, Manjula explained how she came to be involved in this field and discussed key differences between mainstream and South Asian Australian women, including how a mediator can identify the red flags of abuse; barriers preventing South Asian women from leaving abusive relationships; how to best develop a protection plan for South Asian women leaving domestic violence; and what services are most helpful to them. She also talked about how Victorian legislation actually contributed to dowry abuse and how, thanks to a campaign she led, the law was eventually changed.
In response to the keen interest in her talk, Professor O'Connor was extremely generous with her time, continuing to answer questions for more than half an hour beyond the scheduled 6pm finish.
About the Speaker
Professor Manjula Datta O’Connor is a psychiatrist in private practice who has both a clinical and a research interest in migrant women’s mental health, family violence and complex trauma, and trauma therapy. She co-founded the Australasian Centre for Human Rights and Health and successfully led the dowry abuse campaign in Australia that culminated in law change in Victoria. She is also active in translating research for communities via public education campaigns and in ensuring that communities understand the nature and role of sexual and domestic abuse in common mental health disorders and in suicide prevention.
Dr Manjula O'Connor is Hon. Clinical Associate Professor at the Department of Psychiatry, University of Melbourne, and Adjunct Professor at the Department of Social Sciences, University of New South Wales. She chairs the Royal Australian and New Zealand College of Psychiatrists Family Violence Psychiatry Network and is also a member of the RANZCP's CPD Committee and its Journals Committee. Manjula is a reviewer of academic journals and a published author. She is an invited expert on a number of committees, and informs public debate around the safety of migrant women.
Note: Members can purchase Professor O'Connor's new book, Daughters of Durga: Dowries, gender violence and family in Australia, at a 25% discount through VADR. Email admin@vadr.asn.au.
THURSDAY 23 JUNE 2022
GREG ROONEY
I AM A SIMPLE MEDIATOR
On Thursday, 23 June, Greg Rooney spoke at a VADR CPD Zoom event to a large audience. The presentation followed on from a short article Greg wrote recently for Mediate.com, entitled The Art of the Simple in Mediation. The article can be found at https://www.mediate.com/the-art-of-the-simple-in-mediation/. Greg explained what he means as follows:
I have no idea what I will do when I go to mediate a matter. After 30 years of practice, the only thing I know is that the parties are stuck. I don’t have a toolbox of skills, insightful questions, or any mediation theory that I bring to the room. I have no desire to change people, to teach cooperation or to understand their emotions. I don’t look for patterns, create hypotheses and try to predict what will happen. I’m no hero. I don’t seek to help, find a solution or solve the parties’ problem. I am a blank canvas. I have no answers. The only thing I bring to the mediation is the following question: “What is going on here?”
About the Speaker
Greg has been a practising mediator in Australia since 1991. He has mediated more than 1500 disputes in a diverse range of conflicts, including multi-party disputes involving government institutions, commercial and industrial disputes, agricultural disputes, franchise disputes, matrimonial disputes and disputes involving conflict in the workplace.
Greg has developed programs in mediation, dispute system design and project alliancing at a number of Australian universities, including the University of Queensland and Southern Cross University. He has sat on several boards of the National Mediation Conference and served a six-year term as a Director of the Mediator Standards Board. Together with Margaret Ross and Barbara Wilson from the UK, Greg has conducted eight annual mediation retreats in Tuscany, Italy (2012-2019). The trio hopes to return to Tuscany in 2023.
TUESDAY 31 MAY 2022
DR DAVID MOORE
SETTING RELATIONSHIPS RIGHT
At 6pm on Tuesday 31 May, Dr David Moore was the speaker at a VADR CPD Zoom event on the topic Setting Relationships Right.
Group conferences are the best known of the restorative justice processes. The facilitation techniques employed can be used in a wide range of situations, providing a mechanism for transforming conflict into cooperation in the wake of single incidents of harm, incidents 'with a history', general issues of concern, or the experience of abuse in an institutional setting. This session provided a basic overview of the practical theory, explaining different process forms and core skills that enable a group conferencing facilitator to work with people to reset their relationships onto a more productive track.
A Melbourne-based consultant and current president of the Australian Association for Restorative Justice, Dr Moore has taught in politics, history, law, and peace & conflict studies at various Australian universities. He coordinated Charles Sturt University’s inaugural Justice Studies program and was involved in international reforms using the group conferencing process in justice, as well as restorative practices in education and other workplaces.
David worked in the Office of the Queensland Premier & Cabinet, before co-founding Transformative Justice Australia (TJA), and training restorative facilitators around Australia, North America and Europe. This work inspired David Williamson's Jack Manning Trilogy of plays (1999-2001) and Michael Rymer’s award-winning film adaptation of Face to Face (2011). David has also worked with Sydney-based Primed Change Consulting, and in recent years, has been a Principal Consultant to Australia’s Defence Abuse Response Taskforce and the various redress schemes it has inspired.
David's presentation gave participants a taste of his three-day workshop on this topic. The workshop, which David runs together with Dr Alikki Vernon, will be held from 8 June to 10 June and again from 26 October to 28 October.
TUESDAY 3 MAY 2022
PROFESSOR BARUCH BUSH
TRANSFORMATIVE MEDIATION
At the VADR CPD Zoom event at 12 noon (AET) on Tuesday 3 May 2022, Professor Baruch Bush spoke on the value of client empowerment - and human agency in general - in transformative mediation. Professor Bush's presentation attracted a record number of registrants and was particularly well received.
Professor Bush is one of the most distinguished mediation academics and practitioners in the world. Several VADR members had the privilege of studying transformative mediation as part of a Diploma or Masters in Mediation/Law in the early 2000s. We feel incredibly fortunate that Zoom has enabled us to hear this presentation from New York.
One of the originators of the 'transformative approach' to mediation, as explained in his best-selling book The Promise of Mediation (1994, 2nd ed. 2005), co-authored with Dr Joseph Folger, Professor Bush is the Raines Distinguished Professor of Alternative Dispute Resolution, Maurice A. Deane School of Law, at Hofstra University in Long Island, New York. He is also a co-Founder and Board Member, Institute for the Study of Conflict Transformation.
THURSDAY 24 FEBRUARY 2022
ANNE-MARIE CADE
PARENTING COORDINATION
At this online CPD event, Anne-Marie Cade spoke on the topic of 'Parenting Coordination'. Parenting Coordination is a post-divorce dispute resolution mechanism focused on the children, whereby a Parenting Coordinator assists parents to implement the parenting orders and reduce interparental conflict. Studies have shown that when parents are able to work with a Parenting Coordinator and learn how to develop the skills to resolve their disputes constructively, the adverse impact of conflict on children is significantly reduced.
Anne-Marie Cade is CEO and founder of Divorce Right. An FDRP and a nationally accredited mediator with a Masters degree in Family Dispute Resolution and Negotiation, she has been recognised for her innovative work, being awarded the Lexis Nexis Janders Dean Legal Innovation award in 2016 and recognised as Thought Leader of the Year in 2017. She was also a finalist for the 2017 Women in Law Excellence award and was awarded a Churchill fellowship in 2020 to research Parenting Coordination in seven countries.
THURSDAY 25 NOVEMBER 2021
SUSAN HAMILTON-GREEN
MOTIVATIONAL INTERVIEWING
Every practitioner in dispute resolution, conflict management or mediation is aiming to assist those with whom they are working to achieve a thus-far unattainable goal. Research shows that it is not so much the techniques used that make the difference in achieving success but, rather, the mindset and attributes of the practitioner. Motivational Interviewing provides some wonderful insights into how to cultivate this mindset and take your work to a higher level. Susan's presentation explored motivational interviewing and how it can be used to achieve better results in mediation.
Susan Hamilton-Green is a very experienced mediator, researcher and teacher who is also an excellent speaker. She is a family lawyer and a specialist in Family Law (LIV) since 1990. Experienced in parenting and financial matters, and as an ICL, Susan has also been a specialist in Mediation (LIV) since 1993 and a registered FDR practitioner. She is a trained arbitrator and conflict coach, and provides mediation training, coaching and supervision. Susan undertakes private mediation, and FDR conferences through VLA. She is also a lecturer for the College of Law, one of the principals of InTandem Legal Services, and the principal of Creative Family Law Solutions.
THURSDAY 28 OCTOBER 2021
JUDI JONES & DHAMENDRA UNKA
TELECOMMUNICATIONS INDUSTRY OMBUDSMAN
The Telecommunications Industry Ombudsman (TIO) is the highest-volume alternative dispute resolution body in Australia, handling upwards of 135,000 complaints each year. This situation presents both challenges and opportunities to innovate.
Like most ombudsman operations, the TIO is changing the way it engages with complaints and the manner in which it delivers a relevant and modern service. This includes implementing a range of innovations and approaches to dispute resolution practice, modernising its technology, and harnessing the power of its people for the benefit of consumers and members.
The organisation's mission is to effectively provide fair, independent and accessible dispute resolution services and to improve outcomes for both consumers and members. At this CPD event, Telecommunications Industry Ombudsman Judi Jones and Lead Investigator Dhamendra Unka discussed the operations of the TIO and the changes that have been undertaken over recent years to better meet its aims and targets.
Judi Jones became Telecommunications Industry Ombudsman in March 2016, a time when, after five years of decline, phone and internet complaints began increasing significantly across Australia. Previously, Judi was Electricity and Gas Complaints Commissioner in New Zealand for 14 years. She has also held positions with NZ's Advertising Standards Complaints Board and Appeals Board, Massey University's Dispute Resolution Centre and the electricity industry's Security and Reliability Council, and was Chair of Consumer NZ.
Dhamendra Unka is a Lead Investigator with the TIO. He works directly with the TIO's front-line dispute resolution officers, leading a team, and has a wealth of dispute resolution experience, having worked in three different ombudsman/EDR schemes and private legal practice across Australia and New Zealand. Dhamendra has a passion for collaborating with people, unlocking potential, and managing improvement and change.
TUESDAY 14 SEPTEMBER 2021
NATALIE ASHDOWN
MEDIATION AND COACHING: A COMPARISON
At a VADR Zoom event at 6pm on Tuesday 14 September, Natalie Ashdown spoke on "Mediation and Coaching: A Comparison".
Until recently, when Natalie was asked by her corporate clients to conduct mediation in the workplace, she declined the work. An executive coach and facilitator, she was not formally trained in professional mediation techniques, so she felt ethically uncomfortable about pursuing the work. However, these mediation requests encouraged her to pursue further learning about mediation practices.
Today, as a nationally accredited mediator. Natalie can see a clear delineation between workplace coaching and mediation practices. In this presentation, she explored the boundaries where coaching ends and mediation starts, as well as the similarities and differences between coaching and mediation techniques.
Natalie is CEO of The Open Door Coaching Group and has broad experience working across the Australian Public Service. Currently enrolled for a doctorate, she holds a Bachelor of Business in Marketing from RMIT, an MBA from the University of Melbourne, a Diploma of Workplace and Business Coaching, a Graduate Diploma of Management, and Certificate IV in Assessment and Workplace Training. Natalie is also a master practitioner of neuro-linguistic programming, a nationally accredited mediator and author of Bring Out Their Best: Inspiring a Coaching Culture in Your Workplace.
MONDAY 23 AUGUST 2021
JOHN CLEARY
CONFLICT MANAGEMENT FOR ONE
In 2008, working within Relationships Australia Queensland (RAQ), John Cleary developed a new form of conflict resolution which he called FDR-4-1. It was designed to assist solo parties whose mediations, for a variety of reasons, could not proceed to completion and who needed assistance in how best to handle their family breakdown. FDR-4-1 was piloted within RAQ, and evaluated by Deborah Macfarlane as a successful method of supporting clients in this predicament.
Since then, John continued to use FDR-4-1 in his private practice, and over the years conducted a number of training sessions in Queensland and Victoria. Today, in semi-retirement and recognising that the method has wider application, he has renamed the technique Conflict Management for One. In this presentation, he discussed how Conflict Management for One can be applied to the many situations where mediation is unable to assist parties in conflict to resolve their dispute together.
John has been sailing his frail craft in the sea of conflict for three decades now. Like any sailor, he has learned much from those experiences that improved his proficiency and probably much more from the experiences that from time to time upset his boat and threatened to drown him. John has mediated in family separations and small workplace disputes since 1996. Today, he trains mediators in Conflict Management for One, as well as clinically supervising and consulting on problem management.
John's talk was preceded by a brief outline by Deborah of the evaluation she conducted in 2012.
MONDAY, 2 AUGUST 2021
JOHN HARDIE
NEGOTIATING AND MEDIATING INSURANCE CLAIMS AT A TIME OF DISASTER: NEW ZEALAND AFTER CHRISTCHURCH
The 2011 earthquake in Christchurch generated some half a million insurance claims. As is often the case after disasters, many of those claims remain unresolved ten years later. At a VADR CPD Zoom event at 6pm on Monday 2 August, John discussed a significant step being undertaken in New Zealand to address the injustices of this situation.
The Greater Christchurch Claims Resolution Service (GCCRS), a major Crown initiative that provides homeowners with free independent support to resolve outstanding insurance claims stemming from the 2010-11 Canterbury earthquakes, is part of a package developed in response to a 2018 report to the Minister responsible for the Earthquake Commission (EQC).
John Hardie's role is to support the dispute resolution part of the service (the Internal Dispute Resolution Service), which his presentation explored in more detail. He also offered an overview of the situation reached by 2019, what has been achieved since, and what the future holds for conflicts stemming from natural disasters.
John lives in Christchurch, where he has been a practising barrister for over 20 years, much of his work in the fields of environmental and civil law. A fellow of Resolution Institute and a Member of AMINZ, John has been undertaking mediation work for the NZ government since 2002 and is on the AMINZ EQC and Environmental panels. A member of the Canterbury Earthquake Recovery Authority Compensation Panel since 2013, he is also legal adviser to the GCCRS.
THURSDAY, 22 JULY 2021
PROFESSOR JOHN McMILLAN
REFLECTIONS FROM A CAREER IN GOVERNMENT OVERSIGHT
This CPD Zoom event held at 6pm (AET) on Thursday 22 July 2021 featured Professor John McMillan, who spoke on the topic "Reflections from a Career in Government Oversight''. In his presentation, John shared his thoughts on the qualities of the Australian government oversight framework, the challenges he has faced in complaint investigations, and the lessons he has learnt to achieve results and steer clear of controversy.
Government oversight bodies tackle two key societal concerns – the accountability and integrity of government agencies, and the resolution of complaints from the community against those agencies. An extensive oversight framework now operates in Australia through the work of numerous ombudsmen, auditors-general, inspectors-general, anti-corruption agencies, information commissioners and human rights bodies. Together they handle tens of thousands of complaints annually. Their reports have instigated far-reaching legislative, procedural and cultural changes. They have also stirred controversy and occasional claims of bias and unbalanced investigation.
This form of ADR began in Australia mostly in the late 1970s, just before the first attempts at mediation. Professor McMillan has had a long career in a variety of oversight roles and has worked in this setting throughout its evolution. He was initially a public law academic at the Australian National University and co-authored a leading student text, Control of Government Action. He subsequently held the statutory positions of Commonwealth Ombudsman (2003-10), Integrity Commissioner (Acting) for the Australian Commission for Law Enforcement Integrity (2007), Australian Information Commissioner (2010-15), Acting NSW Ombudsman (2015-17), member of the Australian Copyright Tribunal (2015-18) and member of the Administrative Review Council (2003-14).
THURSDAY, 24 JUNE 2021
PROFESSOR DALE BAGSHAW
ELDER MEDIATION: EMPOWERING ELDERS IN AN AGEIST SOCIETY
On Thursday 24 June 2021, Professor Dale Bagshaw presented on Elder Mediation: Empowering Elders in an Ageist Society. She provided an overview of ageism and its effects on older people; the impact of COVID-19 on older people; elder mediation and how it differs from other forms of mediation, including the special knowledge, values and skills required, and the issues that typically present; the development of screening tools for elder abuse; EMIN’s Code of Ethics and Safeguarding Older Adults Guidelines for Elder Mediators; EMIN and EMAN elder mediator certification requirements; and elder mediation training opportunities. Dale also discussed how she sees elder mediation developing as a field in the future.
Dale is the founder and Chair of the Elder Mediation Australasian Network (EMAN), a Board member of the Elder Mediation International Network (EMIN) and an EMIN-certified elder mediator (Advanced). She co-convened EMIN’s 6th World Summit on Elder Mediation in 2013, and has delivered many elder mediation training programs in Australia and NZ. Dale led the team that wrote the first State plan for the prevention of elder abuse in South Australia, is a member of the SA Safeguarding the Rights of Older Adults Steering Committee, and has received two international and two national awards for her contributions to the advancement of mediation.
THURSDAY, 29 APRIL 2021
SUSAN CIBAU & SALLY ZOVAK
OPERATIONALISING AN ADR SERVICE IN A STATE OF EMERGENCY:
THE RESIDENTIAL TENANCIES DISPUTE RESOLUTION SERVICE
In March 2020, due to the COVID-19 pandemic, the government announced a State of Emergency and a moratorium on rental increases and evictions. The Residential Tenancies Dispute Resolution Service was a response to the anticipated surge in disputes regarding residential rental arrears and requests for rental reductions.
At a one-hour Zoom event on Thursday 29 April, Susan Cibau and Sally Zovak discussed the Residential Tenancies Dispute Resolution Service, the practical and operational steps that were taken to design, implement and deliver the service, and the lessons learned during its operation.
Susan Cibau is the Senior Manager of the Dispute Settlement Centre of Victoria. She is an experienced lawyer and an accredited mediator who has managed dispute resolution programs at Legal Aid Queensland, the Federal Circuit Court and the Accident Compensation Conciliation Service. During the COVID-19 State of Emergency, she also managed the Residential Tenancies Dispute Resolution Service.
Sally Zovak is the Quality Assurance Manager at Domestic Building Dispute Resolution Victoria. She was on the steering committee for the establishment of the Residential Tenancies Dispute Resolution Service during COVID-19, and contributed to the design, delivery and implementation of the program and the training and management of the conciliator panel.
TUESDAY, 20 APRIL 2021
DR KUDZAI KANHUTU
NEGOTIATING AND DECISION-MAKING IN A TIME OF CRISIS
Infectious diseases specialist Dr Kudzai Kanhutu was one of the doctors at the Royal Melbourne Hospital involved in the fight against the COVID-19 outbreak in Victoria last year, assisting in the development of a virtual hospital to deliver home-based care to the state's rising tide of COVID-19 patients. In this crisis, decisions had to be negotiated and made quickly to ensure the best possible outcome for both patient and community, a situation Kudzai described at the time as controlled chaos.
Although this environment is unknown to most ADR professionals, the need to negotiate and make decisions, often in a time of crisis, is familiar territory. In this one-hour interactive Zoom presentation, Kudzai discussed how these negotiations and decisions unfolded.
Kudzai's experience and wide range of interests made her a thought-provoking and entertaining speaker, whom some participants had seen already on ABC TV's The Drum.
MONDAY, 29 MARCH 2021
LINDA KOCHANSKI
COMMUNICATING ONLINE AS A MEDIATOR: THE GOOD, THE BAD AND THE 'YOU'RE ON MUTE'
At a one-hour VADR Zoom event on Monday 29 March, Linda Kochanski spoke on the topic Communicating online as a mediator. In the interactive seminar, Linda, who has done a great deal of online teaching and mediation in the past year, reflected on the strengths and weaknesses of online work, and how she considers it will fit into the pantheon of mediation practice once the COVID-19 crisis is over.
A family lawyer, and mediator since the early 1990s, Linda is an FDRP, nationally accredited, and a director of the Mediator Standards Board since 2016. She has been involved in mediation training since 1996, was co-Director of Bond Dispute Resolution from 2012 to 2015, and is presently Practice Leader for Dispute Resolution Programs, College of Law.
MONDAY, 23 NOVEMBER 2020
BIANCA KEYS
MEDIATOR STANDARDS BOARD
The Mediator Standards Board is currently undertaking a review of the National Mediator Accreditation System (NMAS) governing Australia’s professional mediators. As a Recognised Mediator Accreditation Body (RMAB), VADR is a member of the Mediator Standards Board, with over 100 nationally accredited members.
Bianca Keys, the current Chair of the Mediator Standards Board, joined VADR as a guest speaker on Monday 23 November. In her presentation, Bianca provided an overview of the National Mediator Accreditation System; discussed the role and remit of the Mediator Standards Board; and outlined the current and future projects and goals of the Mediator Standards Board, including the role of the NMAS review. The presentation also provided an opportunity to ask questions of the speaker through the chat function.
THURSDAY, 5 NOVEMBER 2020
DEBORAH GLASS
VICTORIAN STATE GOVERNMENT OMBUDSMAN
The State Government Ombudsman’s Office looks at the decisions and actions of Victorian government departments, local councils, statutory bodies and their contractors. A key function of the Ombudsman's office is to facilitate, where possible, the resolution of complaints between the public and government organisations.
In her presentation, Deborah spoke about her office's adoption of an early resolution model, and detailed the different approaches her officers have taken to resolve matters informally. Deborah also explored the impact of COVID-19 on her office, discussing a few case examples and explaining how her staff have adapted their practices to continue resolving disputes despite the challenges of Victoria's restrictive lockdown provisions.
Deborah Glass is the Victorian Ombudsman, having been appointed to a 10-year term in March 2014. Deborah studied law at Monash University, practising law briefly before leaving Australia, working for an investment bank in Switzerland and subsequently pursuing a career in financial services regulation in Hong Kong and London. Deborah then moved into police oversight, and became a Commissioner of the Independent Police Complaints Commission of England and Wales, heading criminal and misconduct investigations into police.
In 2008, Deborah was appointed IPCC Deputy Chair, and in 2012 was awarded an OBE for her service. Deborah is on the board of the International Ombudsman Institute, which connects more than 190 Ombudsman offices worldwide, and is a member of the Australian and New Zealand Ombudsman Association. She is committed to ensuring fair and reasonable decision making, and to improving public administration. She holds a firm belief in public sector integrity and advancing human rights.
WEDNESDAY, 21 OCTOBER 2020
KATHERINE JOHNSON
NATION-BUILDING THROUGH MEDIATION: THE MONGOLIA EXPERIENCE
In recent years, because of global warming and other factors, many Mongolians have given up their nomadic lifestyle and moved to the cities. These changes have affected family structures, and as a result, family breakdown has greatly increased. This has created an interest in family mediation, particularly the Australian model.
In this well-received presentation, Katherine Johnson discussed the ways in which dispute resolution (and mediation in particular) can become an agent for social change. She focused on how the training in conflict management and mediation in family law by an Australian delegation of mediators, partnered by Mongolian organisations, assisted in strengthening the work with Mongolian families, and by default Mongolian civil society. Participants were able to ask questions of the speaker through the chat function.
Admitted as a NSW barrister in 1993, Katherine is an internationally and nationally accredited mediator, psychologist and academic. She serves on various mediation panels as a family dispute resolution practitioner, including the Supreme Court of NSW, the Workers Compensation Commission of NSW, the Family Law Settlement Service Panel of the Federal Circuit Court of Australia International Mediation Institute, the Papua New Guinea Supreme Court and the World Mediation Organisation. From 1984 to 2017, she worked in private practice as a counselling, organisational and community psychologist, and she has been a trainer/assessor of mediators since 2000. Katherine has been Vice-President/President of VADR’s NSW equivalent, the Australian Dispute Resolution Association, since 2006.
The event carried one CPD point. It was recorded, and made available to all registrants following the presentation.
THURSDAY, 27 AUGUST 2020
VENITA DIMOS
THE COACHING CONVERSATION: NAVIGATING CONFLICT IN A DIFFERENT WAY
What would your mediation practice look like if you had some simple coaching strategies to help your clients navigate conflict in a different way? This live webinar demonstrated how applying powerful coaching skills can enhance your mediation practice. Drawing on key concepts from brain-based conversation skills and conflict management coaching, Venita Dimos explained how applying simple, practical coaching tools and strategies can maximise the chances of successful resolution.
Participants in the webinar learned how taking a brain-based approach to mediation can maintain a positive mindset in clients, changing the way they see their problem. Venita also discussed the impact of powerful coaching questions designed to raise a client’s awareness, provoke insight and help them reach a different perspective on their problem. Event participants were able to ask Venita questions through the chat function.
Venita Dimos is an experienced lawyer, Family Dispute Resolution Practitioner, NMAS Accredited Mediator and Director of the Mediation Company Pty Ltd. She is trained in Brain-Based Conversation Skills and is also a Cinergy® Conflict Management Coach and Conflict Dynamics Profiling® Practitioner. Venita facilitates workplace training and individual coaching, with a strong vision to help people master critical communication skills and build conflict intelligence.
THURSDAY, 13 AUGUST 2020
GHADA MAHER, ENA SHAW, MICHAEL MITCHELL, SUSAN HAMILTON-GREEN
DISPUTE RESOLUTION DURING COVID-19: ONLINE & TELEPHONE MEDIATION & CONCILIATION
A panel of experienced mediators/conciliators examined the advantages and disadvantages of online and telephone mediation. They discussed how each has modified their approach and adapted their communication skills to cope with the different media, and the ways in which they have helped participants get the most from their mediation or conciliation.
The event took place as a live webinar, with the chat function enabling participants to ask questions of the speakers. A recording of proceedings was made available to registrants following the event.
THURSDAY, 23 JULY 2020
LAURA KEILY
IMMEDIATION
Immediation is a highly tailored video conference and dispute management platform founded by practising barrister Laura Keily. Its online services have been successfully accessed by networks across the globe, with registered users in 80 countries. Used by the Commonwealth Courts of Australia for commercial and family mediations, Immediation has been custom-built for dispute resolution. Advanced security measures are in place, with AWS-based firewalling, elastic load balancing and bcrypt encryption. The security of Immediation’s platform has been tested using methods similar to military-level penetration tests.
Unlike video conferencing tools built for general use, Immediation specialises in:
- Providing virtual hearing or mediation rooms that emulate courtrooms, tribunals, mediation and arbitration centres.
- Premium dispute management, enabling lawyers, dispute resolution professionals and judicial officers to focus on the task at hand rather than on technology.
- Providing fast, effective, fixed-price end-to-end dispute resolution using Immediation's curated national panel of 90 leading experts, including former senior judges such as the former Chief Justices of Victoria and Western Australia.
Immediation’s Founder and Managing Director, Laura Keily, discussed how she built the Immediation platform to improve access to justice inside and outside courts, and how the platform operates. Laura focussed particularly on Dealmaker, a subscription-based version of the Immediation platform for use by mediators and law firms in their own matters. At the end of her presentation, Laura answered questions via the live chat function. The event was recorded, and made available afterwards to registrants.
WEDNESDAY, 15 JULY 2020
NATHAN POLITO
MODRON
At a free live webinar on Wednesday 15 July from 5.30pm to 6.30pm, Nathan Polito, founder and CEO of the online platform MODRON, spoke about the ways his platform can assist dispute resolution practitioners.
The Covid-19 pandemic has forced many mediators into the world of online dispute resolution, and it is not always easy to see which platform best suits the dispute resolution world. Unlike generalist platforms such as Zoom, which is meeting-centred, MODRON has been designed specifically for DR, with flexible spaces and confidentiality controls at each step of the process.
THURSDAY, 25 JUNE 2020
ELIZABETH ROSA
BACK TO THE FUTURE: WORKPLACE MEDIATIONS
On Thursday 25 June 2020, from 5.30pm to 6.30pm, Elizabeth Rosa presented a live webinar on the topic Back to the Future: Workplace Mediations.
In her presentation, Elizabeth explored what is going on for the parties in workplace disputes who, at intake, remain focussed on the past, and explained how to identify the values they feel have been displaced and how to shift them towards the future for a constructive mediation. She considered a toolbox of questions for intake sessions, and how to assist the parties to speak about their concerns in the mediation. Elizabeth also looked at how parties can generate options to rebuild and restore a workplace relationship for the future.
Elizabeth is the Principal of Resolve-at-Work and a nationally accredited mediator. She conducts workplace mediations and facilitations for a number of organisations, including major Australian corporates, hospitals, universities, schools, government departments and councils. Her background is in law, where she practised in insurance litigation, workers' compensation and employment law. Elizabeth currently lectures at the College of Law in Negotiation and Dispute Resolution and at the University of NSW in Resolving Civil DIsputes. She also conducts skills building workshops throughout Australia for workplace mediators.
FRIDAY, 22 MAY 2020
JUDITH O'CONNELL
VICTORIAN SMALL BUSINESS COMMISSION
This VADR CPD event featuring Judith O'Connell, the Victorian Small Business Commissioner, was conducted in the form of a webinar. The presentation was uploaded on 22 May and then remained available for two weeks.
In her most informative talk, Commissioner O'Connell discussed how the Victorian Small Business Commission assists small businesses to resolve disputes through its alternate dispute resolution service, which includes both mediation and arbitration. Commissioner O'Connell also shared how the Commission is adopting its mediation services during the COVID-19 pandemic, and how it has begun implementation of the Commercial Leases Relief Scheme.
WEDNESDAY, 26 FEBRUARY 2020
MICHELLE MEAD
RESTORATIVE APPROACH TO DISPUTE RESOLUTION UNDER EQUAL OPPORTUNITY LAW
Restorative justice principles and practices focus on repairing the harm caused as opposed to determining the punishment. Dispute resolution (DR) under equal opportunity law is a restorative approach that reflects both sides of the dispute. Conciliators engaging in and leading such practices require sensitivity, skill, and a veritable toolbox of techniques.
Michelle Mead explored the varying approaches to DR at the VEOHRC, and in particular outlined the restorative DR process designed and implemented to manage disputes notified following the release of the Independent Review into Sex Discrimination and Sexual Harassment (including predatory behaviour) into Victoria Police.
Michelle Mead commenced with the VEOHRC in 1994 as an investigator/conciliator and has been Manager of Dispute Resolution since 2009. She has extensive knowledge and experience providing ADR under State and Federal anti-discrimination law. Michelle was awarded the Public Service Medal in the Queen's Birthday Honours List 2014 for outstanding public service and reforms for better service delivery in equal opportunity.
THURSDAY, 28 NOVEMBER 2019
MIKE JENSEN
REAL CONVERSATIONS IN THE WORKPLACE
"In this place, we never have real conversations or when we do, it's usually too late."
In more than 25 years of consulting, Mike Jensen has too often heard variations on this comment, made by a local government employee. Principal of C4M, Mike works with his colleagues to assist client organisations navigate change, through techniques that improve communications, build leadership, and use conflict as a starting point for creative, energising problem-solving. In this presentation, he outlined these principles and methods.
THURSDAY, 31 OCTOBER 2019
PROFESSORS KHORY McCORMICK & RAJESH SHARMA
SHOULD AUSTRALIA SIGN THE SINGAPORE CONVENTION ON MEDIATION?
On 7 August 2019, 46 countries signed the Singapore Convention on Mediation. Australia was not among them. The signatories, who cover more than half the world's population and account for two-thirds of the world's trade, include China, India and the United States. Australia's failure to sign the convention limits international opportunities for mediation professionals to provide services. Should Australia sign? At this event, attendees were privileged to hear the question discussed by two experts who were there from the inception of the United Nations Convention on International Settlement Agreements Resulting from Mediation (now known as the Singapore Convention on Mediation) at the United Nations Commission on International Trade Law.
Khory McCormick is an internationally recognised expert in dispute and conflict resolution whose opinion is widely sought across a broad spectrum of industry sectors. Regularly ranked a 'go to' adviser by his peers, Professor McCormick is considered a thought leader on the future of dispute resolution, particularly in cross-border and cross-cultural contexts.
Rajesh Sharma is currently a senior lecturer at RMIT University, an Honorary Professor at Xiantan University University Law School and an Adjunct Professor at the Academy of International Dispute Resolution and Professional Negotiation. He has been involved in the drafting of various international agreements and mediation rules, holds a range of expert appointments throughout Asia, and has conducted research and provided expert comments on mediation and conciliation for UNCITRAL. He is currently working on preparing commentary on the Singapore Convention.
THURSDAY, 19 SEPTEMBER 2019
MICHAEL MITCHELL & DAVID BRYSON
CONCILIATION IN THE SHADOW OF THE LAW
What are the distinctive characteristics of conciliators (as compared to mediators)? Where do the lines between them meet and diverge? What are the dilemmas conciliators face in their efforts to meet both the interests of the parties in conflict and the objectives of the law in which they are conciliating? What makes a great conciliator? Do conciliators receive adequate recognition for their work? Should conciliation now be recognised as a distinct profession?
At a well-attended event, experienced conciliators and trainers Michael Mitchell and David Bryson discussed these questions, and explored what is next for conciliation.
Michael Mitchell was a Conciliator and then Board member at the Accident Compensation Conciliation Service before commencing his own ADR practice. He is a Sessional Conference Registrar at the Administrative Appeals Tribunal, a DBDRV External Conciliator, a Mediation Coach at Resolution Institute, and a sessional tutor/seminar leader at La Trobe University Law School. He has various appointments in Restorative Practices, the Commonwealth Ombudsman's Office, and as a National Redress Direct Personal Response Facilitator. Michael has a Masters degree from the University of Queensland (Mediation and Conflict Resolution) and degrees from The University of Melbourne (Labour Relations Law) and La Trobe University (Arts/Social Sciences).
David Bryson is an experienced workplace dispute resolver and executive coach. He specialises in ADR consultancy, with a focus on management and team coaching and capacity building in organisational change. David was a former Conciliation Officer with the Equal Opportunity Commission and Accident Compensation Conciliation Service. He has written extensively on mediation and conciliation practice and theory. David has a BA (Hons) from Flinders University and degrees from Oxford University (Social Anthropology) and RMIT Melbourne (Business Studies-Organisational Change).
WEDNESDAY, 28 AUGUST 2019
DR GRANT LESTER
THE UNREASONABLE, QUERULENT AND VEXATIOUS CLIENT
We were indeed fortunate to be able to present this event featuring Dr Lester, a particularly popular speaker. The night was exceptionally well attended and the talk very well received, with much positive feedback from attendees.
Increasingly common in our society is the persistent complainant, who disrupts the work of mediators, ombudsmen, commissioners and, ultimately, tribunals and courts. Oblivious to the damage they cause themselves, they may show a significant potential for threats and violence. As government agencies and professional organisations have established formal mechanisms for responding to complaints, so a small but vocal group of complainants has emerged which, by persistence and insistence, consumes disproportionate amounts of time and energy.
Twenty-first century experience with this group is now centred in complaints offices and ombudsmen's offices under the rubric of 'unreasonable complainant behaviour', and management is around containment of unreasonable behaviours rather than labelling individuals. In this 'Cook's Tour', Dr Lester discussed their psychology, identified indicator behaviours allowing for early recognition, and highlighted management principles.
Dr Grant Lester is a consultant forensic psychiatrist whose public practice is with the Victorian Institute of Mental Health and as a member of Victoria's Mental Health Tribunal, centring on the treatment of severe and chronic psychoses and personality disorders in secure mental health facilities and prisons. His research interest has been in querulent and vexatious complainants and litigants and, latterly, with the management of complex clients and complaints. He presents to and trains staff of courts, government and private organisations in the management of complex clients and unreasonable complainants or litigants, including administrative techniques as well as risk assessment and management of aggressive and violent behaviours.
THURSDAY, 8 AUGUST 2019
DR ANDREW BICKERDIKE
REPORT ON THE REVIEW OF THE FAMILY LAW SYSTEM
There is widespread acceptance that the family law system is broken but little consensus about which parts of the system are contributing to the problems and even less agreement on what needs to be done to fix it. Each stakeholder group has a unique perspective on what is not working. Andrew focused mainly on the criticisms articulated by end users of the system, and discussed those recommendations from the final report that are of relevance to ADR practitioners who work within the family law system.
Andrew Bickerdike is CEO of Relationships Australia Victoria. He holds tertiary qualifications in economics and psychology and a Doctorate in Dispute Resolution. He has experience and specialist training in individual, marital and family therapy, and family dispute resolution and practised as a mediator for more than 20 years. A former member of NADRAC and a current member of its successor, ADRAC (Australian Dispute Resolution Advisory Council), Andrew is a Director on the Mediation Standards Board and a Board member of the Australian chapter of the Association of Family and Conciliation Courts. In June 2018, he was appointed as a part-time Commissioner of the Australian Law Reform Commission to the Review of the Family Law System.
MONDAY, 1 JULY 2019
ENA SHAW
UNDERSTANDING AND MANAGING DIFFICULT BEHAVIOURS IN MEDIATION
Most metropolitan members missed Ena Shaw's March presentation at our workshop in Daylesford, and we received numerous requests for an opportunity to hear her speak in Melbourne. We were therefore especially pleased to be able to offer that chance at this event.
Difficult behaviours are a source of constant struggle for any professional. Dealing with conflict involves angry people who want to vent their frustration, and such people need to be dealt with in a different way. Managing these behaviours is important both to the mediation practitioner and to the high-conflict people they are helping find an agreement they can live with. Ena discussed how understanding and managing such behaviours is vital to maintaining focus and professionalism, and outlined helpful strategies she has developed over three decades of practice.
A registered psychologist, registered FDR practitioner and nationally accredited mediator, Ena Shaw has extensive experience settling disputes involving interpersonal relationships in areas such as family law, elder mediation and the workplace. As the Family Dispute Resolution Training Manager at Relationships Australia Victoria, Ena conducted an extensive range of mediation programs. She has also carried out training for federal, state and local government in family law, parent-adolescent conflict, workplace disputes, gender-based harassment, elder mediation and neighbourhood disputes. Ena has taught at VUT, is currently lecturing in ADR and Mediation at RMIT and is on the Domestic Building Disputes Resolution Victoria Panel.
MONDAY, 27 MAY 2019
SUSAN HAMILTON-GREEN
THE VALUE OF THE INTAKE SESSION IN MEDIATION
Intake is crucial in preparing both mediator and client for the mediation process and has a huge impact on outcome. Susan's presentation explored what an intake session is, the obligations of an FDRP, and what lessons on screening and preparation can be drawn from social science. She also discussed the results of a survey of FDRPs she recently conducted in an effort to understand more about different approaches and attitudes to intake in current practice.
A family lawyer and a Specialist in Family Law (LIV) since 1990, Susan Hamilton-Green is experienced in parenting, in financial matters and as an ICL, She has also been a specialist in Mediation (LIV) since 1993, and is a registered FDRP, trained arbitrator and conflict coach. Susan undertakes private mediation, and conferences for FDRs through VLA. She is a lecturer for the College of Law, a principal of InTandem Legal Services and the principal of Creative Family Law Solutions.
THURSDAY, 2 MAY 2019
MIEKE BRANDON
REFLECTIVE PRACTICE AND ETHICAL DECISION-MAKING
Reflective practice is an essential part of working in the field of mediation. It enables mediators to learn valuable lessons from their own experience, identifying their personal and professional strengths and weaknesses, and to be more certain in their ethical decision-making. Mieke drew on case studies to consider how it can assist the mediator.
Mieke Brandon is nationally accredited and has more than 25 years' experience in family and workplace mediation as a mediator, trainer and supervisor. She teaches and coaches regularly at a range of universities and is an NMAS assessor and a registered FDRP. She haws published extensively, has presented papers and workshops at conferences in Australia and overseas, and is co-author of Mediating with Families (4th ed.), Thomson Reuters 2018, the text for FDR and all other types of family mediation. Together with Linda Kochanski, Mieke won the 2017 Australian Dispute Centre (ADC) Project Award for a range of projects, including an online FDRP course.
SATURDAY, 23 MARCH 2019
REGIONAL MEDIATION WORKSHOP, DAYLESFORD
As it can be difficult for VADR's regional members to attend metropolitan events, a full-day workshop was held in Daylesford. Although there were many metropolitan-based attendees, the event centred on issues we felt would be of particular relevance to mediators working outside Melbourne. The event featured five presentations, followed by a highly interactive joint panel discussion to end the day:
1. Nigel White 'Social cohesion and ADR mechanisms in rural areas'
2. Ena Shaw 'Understanding and managing difficult behaviours'
3. Vince Thorne 'Mediating disputes in the country'
4. Anne Leadbeater OAM 'The impact of disaster on communities'
5. Euan Ferguson 'Managing community recovery needs'
Post-event feedback has been exceptional, with uniformly positive reviews of everything from the speakers to the food, the venue and the overall value offered. At least a dozen new members joined VADR specifically to attend. The day was so successful that we are looking forward to planning similar workshops in the future.
TUESDAY, 27 NOVEMBER 2018
VADR 2018 ANNUAL GENERAL MEETING
VADR's Annual General Meeting for 2018 was held on the evening of Tuesday 27 November. Treasurer Stephen Graham did not stand for re-election, with Catherine Davies elected our new Treasurer. Office-bearers re-elected were Deborah Macfarlane (President), Anthony Grimes (Secretary) and Ena Shaw (Vice President). Michael Mitchell, Susan Hamilton-Green, Annmaree Bowey, Ghada Maher, Con Slump and Katerina Tsipos were elected to the VADR Committee of Management. The President's Report and Treasurer's Report were presented. The Committee offered their best wishes for a festive holiday season and a happy New Year to all VADR members.
TUESDAY, 27 NOVEMBER 2018
DANIELLE HUTCHINSON
BEYOND NMAS: DEVELOPING ADVANCED PRACTITIONER SKILLS
The NMAS standards provide a strong theoretical and practical basis for entry into the mediation profession. Beyond these minimum standards, what frameworks are available to help guide dispute resolvers towards reflective practice and the advanced skills required to assist parties resolve complex disputes? In this interactive session, Danielle engaged participants in a discussion about the Quality Assurance Framework (QAF) she designed and implemented for the Dispute Settlement Centre of Victoria. The purpose of the QAF is to provide explicit, flexible guidance that empowers practitioners to set evidence-based professional goals designed to maximise their resolution prowess.
Danielle Hutchinson is an Australian lawyer and mediator with a special interest in cross-disciplinary approaches to ADR. She is the ADR specialist for the Dispute Settlement Centre of Victoria, where she provides expert advice, training, and innovative connections between theory and practice. Danielle is also co-founder of Resolution Resources and an experienced speaker and academic, currently completing her PhD. She has recently been commissioned by the International Mediation Institute, the American Arbitration Association and the International Centre for Dispute Resolution to complete the GPC North America Report.
THURSDAY, 15 NOVEMBER 2018
RENEE BURNS & SUSIE ALLISON
GETTING THE RIGHT PEOPLE IN THE ROOM: THE DILEMMA OF DEALING WITH INSECURE EMPLOYMENT AS AN ADR PRACTITIONER
In recent years, there has been a growing trend towards insecure employment across Australian workforces. At this event, facilitated by Michael Mitchell, Renee and Susie provided an insight into their work, an overview of the current employment predicament facing many Australians, and a taste of the challenges working people face every day. An interactive session then drew on the experiences and references of participants to look at potential ways ADR practitioners can handle these issues. The discussion was aimed at strategies that ensure the right people come forward and talk safely about the issues in conflict.
The Panel
Michael Mitchell is a VADR and VARJ Commitee member and the Director of Mitchell Mediation. A former ACCS Conciliator and Board member, he holds a number of government ADR appointments.
Renee Burns is Executive Director of the Australian Institute of Employment Rights, and has held various HR and management roles in local government and in the private sector.
Susie Allison is Victorian Secretary of the National Union of Workers and previously a Judge's Associate in the Federal Court of Australia.
WEDNESDAY, 29 AUGUST 2018
FRED WRIGHT, RODNEY McBRIDE & SUE ACKERLY
A NEW APPROACH TO CONFLICT RESOLUTION: DEVELOPING CONFLICT-COMPETENT WORKPLACES
In recent years, three Victorian State Government Departments have established Workplace Facilitator/Conciliator programs which provide a confidential, safe and independent place for employees to talk about workplace issues and concerns and identify constructive options for early and informal resolution. The programs also work systematically to build conflict-competent workplaces.
In this interactive session facilitated by Michael Mitchell, Fred, Rod and Sue provided an insight into their work, giving a taste of the challenges and potential successes of using this approach to promote conflict-competent government workplaces.
The Panel
Fred Wright was appointed in 2011 to the first Workplace Conciliator role in what is now the Department of Environment, Land, Water and Planning.
Rodney McBride joined the Department of Health and Human Services in 2017 as their Workplace Facilitator. He is a registered psychologist and trained mediator.
Sue Ackerly commenced as the Department of Economic Development, Jobs and Resources' first Workplace Conciliator in March 2018. Sue is a registered psychologist with tertiary qualifications in management, workplace training and assessment, and science.
Facilitator
Michael Mitchell is Director of Mitchell Mediation and a VADR and VARJ Committee member. He currently holds a number of ADR appointments.
WEDNESDAY, 25 JULY 2018
DR FRANCIS LAW
SATISFYING THE DEMANDS OF HIGH-QUALITY INTERNATIONAL DR IN HONG KONG, AUSTRALIA AND CHINA
The International Dispute Resolution and Risk Management Institute provides one-shop professional services in risk prevention, corporate governance consultancy and dispute resolution services for international enterprises. Dr Francis Law, its founding chairman, spoke about the Institute's framework and operation, its mediators, and how the organisation's high-quality dispute-resolution services assist SMEs and international enterprises to settle conflicts emerging from trading and investment in Hong Kong, Australia and China. Dr Law also discussed the types of work that could be available to Australian mediators in Hong Kong and China, and a Memorandum of Understanding was signed between the Institute and VADR.
Dr Francis Law is the President of the Hong Kong Mediation Centre, founding chairman of the International Dispute Resolution and Risk Management Institute, President of the Academy of International Dispute Resolution and Professional Negotiation, and Vice-Chairman of the Guandong, Hong Kong and Macau Mediation Alliance.
WEDNESDAY, 27 JUNE 2018
ZANDY FELL AND JODIE GRANT
WORKPLACE ADR MEETS FDR: EXPLORING WHERE WORKPLACE AND FAMILY ISSUES COLLIDE
The workshop included an overview of the similarities and differences between frameworks, process, legislation, interests and stakeholders in workplace and family dispute resolution. The panel also introduced case studies and facilitated discussion for participants to explore and consider how to manage these issues. Two experienced facilitators, Zandy Fell and Jodie Grant, shared their perspectives in a dynamic and interactive presentation, drawing on the expertise and knowledge of participants in the room.
The Panel
Zandy Fell, Director of the ZALT Group, is an employee relations consultant with expertise in workplace conflict management. Zandy works as a conflict coach, facilitator, mediator and investigator, and is an Associate at CMA Learning Business School Negotiation Course and a Restorative Justice Facilitator for the Defence Force with the Commonwealth Ombudsman. Zandy has Law and Arts degrees from Monash University and a Grad. Dip. in HR. She is nationally accredited and a Workplace Conference Facilitator with Certs IV in Business and Personal Coaching (International Coach Federation Approved) as well as in Workplace Training and Assessment.
Jodie Grant is the founder of Shifting Sands, the purpose of which is to support people, their organisations and communities to navigate their changing relationships. She brings over 20 years' experience integrating clinical practice with training, enabling effective and safe outcomes for professionals, workers and clients. Formerly Program Leader FDR and Mediation Education, Training and Development and Senior FDR Practitioner at Relationships Australia Victoria, Jodie remains an FDRP. She has developed and run nationally recognised training courses (accredited and non-accredited), specifically in FDR and Mediation, as well as a range of other professional development training options. Jodie also works as a Restorative Engagement Facilitator with the Commonwealth Ombudsman, Defence Force. She has primary tertiary qualifications and experience in Social Work and a Masters of Conflict Resolution (specialising in Family Law Mediation), and a Cert. IV in training and assessment.
Facilitator
Michael Mitchell is a VADR and VARJ committee member and the Director of Mitchell Mediation.
THURSDAY, 24 MAY 2018
GINA RALSTON
DBDRV: A NEW MODEL
Domestic Building Dispute Resolution Victoria opened its doors on 26 April 2017, Gina Ralston having been appointed Chief Dispute Resolution Officer the previous August. It is the first point of dispute resolution in domestic building disputes in Victoria. In this presentation, Gina spoke about the operation of the organisation, and the challenge it faces in retrofitting a best-practice ADR model to prescriptive legislation and a new hybrid model of ADR. She also discussed how, in addition to a traditional conciliation model, DBDRV uses technical building assessments to assist resolution with legislative power to make binding orders.
Gina Ralston has held leadership positions across a range of direct client service-delivery organisations in both the government and not-for-profit sectors, for more than 30 years. Prior to commencing her current role, she was the Director of the Dispute Settlement Centre of Victoria, within the Department of Justice and Regulation.MONDAY, 23 APRIL 2018
DR. MIRELLA GAVIDIA
ASSISTING TRADITIONAL COMMUNITIES IN NEGOTIATIONS WITH MULTINATIONAL COMPANIES
With the active encouragement of governments, multinational companies frequently conduct large-scale activities on the lands of traditional communities, including mining and hydroelectricity. Such activities have considerable and often highly detrimental impacts on these socially and environmentally sensitive ecosystems. For a number of years, Mirella has been researching factors that enhance or hinder fairness in the way mining companies and affected communities handle the conflicts, negotiate, and manage their interests. In her talk, Mirella discussed some of the ways in which her research has indicated communities can be assisted to develop better conflict-management skills, capacity-building and empowerment techniques and thus create better and fairer opportunities for a sustainable future.
Dr Mirella Gavidia is a Brazilian academic who has lived in Australia for the last nine years. She has a law degree (Hons.) from Mackenzie University in São Paulo, Brazil and a PhD in Anthropology, Sociology and Social Change from The University of Queensland. Mirella's work is mainly focused on issues related to social justice in the way traditional communities communicate, negotiate, and manage conflicts with companies implementing large development projects. She has worked extensively in the Brazilian Amazon region and has supported other consultancy and research projects focused in Africa and Southeast Asia. Mirella currently teaches at RMIT's School of Global, Urban and Social Studies.
THURSDAY, 15 MARCH 2018
PROFESSOR MARY ANNE NOONE
WEARING TWO HATS: LAWYERS WHO ACT AS MEDIATORS
On 15 March 2018, Professor Mary Anne Noone spoke on the topic: Wearing Two Hats: Lawyers Who Act as Mediators. In Australia, many lawyers (both barristers and solicitors) train to be mediators and commonly act as mediators. Professional legal bodies promote the use of lawyers as mediators claiming that “with their skills, training and experience solicitors are ideally placed to be mediators”. Lawyers who act as mediators are wearing two hats: officer of the court and neutral third party. These dual identities pose significant challenges for lawyer/mediators and the legal profession more broadly. How can the various professional responsibilities be reconciled? In the context of an emergent discussion about the ethics of mediators, the following issues warrant ongoing examination: Is there an expectation that the lawyer as mediator will be more “fair and just”? Should a lawyer/mediator give legal advice during mediation, particularly, if a party is sacrificing clear legal entitlements of which they are unaware? How can a lawyer/mediator ensure mediation enhances, not limits, access to justice? Elements of best practice for lawyers who work as mediators were proposed.
Mary Anne Noone is a Professor in the School of Law, La Trobe University. The thread drawing together Mary Anne’s research, teaching, professional and community service activities is a passion for improving access to justice. She has many years’ experience, at both a practical and policy level, in the delivery of legal services to the poor and disadvantaged. She is a specialist on the Australian legal aid system, an authority in clinical legal education, professional responsibility and ethics in mediation. Throughout her career, Mary Anne has been involved in dispute resolution. She has a postgraduate qualification in conflict resolution, has taught dispute resolution to law students and is an accredited mediator. She was a part-time member of Social Security Appeals Tribunal for 12 years and has served on number of University disciplinary committees.
TUESDAY, 20 FEBRUARY 2018
DR SUSAN HAMILTON-GREEN
THE ROLE OF FDRP's AND FAMILY LAWYERS IN THE
RESOLUTION OF FAMILY DISPUTES - EVOLUTION OR REVOLUTION
On Tuesday 20 February 2018, Susan Hamilton-Green spoke at Cooper's Inn on the topic The Role of FDRPs and Family Lawyers in the Resolution of Family Disputes - Evolution or Revolution. Family Dispute Resolution (FDR) is now a fundamental part of the Australian dispute resolution landscape for family disputes. A good understanding of the principles underlying this process and the role of FDR in the overall dispute resolution field is crucial for guiding participants from presentation to outcome.
Susan explored the evolution of family mediation and FDR since the early 1980s and the impact on this process of the significant legislative and other changes that have taken place since then. In doing so, she focussed on the role of the Family Dispute Resolution Practitioner within FDR, and the role of the family lawyer in supporting this process. This led to a consideration of the current position of FDR and the impact of FDRPs and family lawyers on the provision of this method of dispute resolution.
Susan is a family lawyer and a Specialist in Family Law (LIV) since 1990. Experienced in parenting and financial matters, and as an ICL, Susan has also been a Specialist in Mediation (LIV) since 1993 and a registered FDRP. She is a trained arbitrator and conflict coach and provides mediation training, coaching and supervision. Susan undertakes private mediation, and conferences for FDRS through VLA. She is a lecturer for the College of Law, a principal of InTandem Legal Services and the principal of Creative Family Law Solutions.MONDAY, 27 NOVEMBER 2017
NICOLE CULLEN
THE ROLE OF HUMOUR IN MEDIATION
Mediation provides a serious forum for the resolution of challenging issues between disputing parties. It's no laughing matter. Or can it be? In this contagiously humorous presentation, Nicole will reflect on funny moments that have arisen in mediations over her two decades of practice and the appropriateness or otherwise of her response. Covering topics such as the mediator's opening statement, the role of the mediator, challenges with support people and managing high-conflict personalities, this presentation promises insights that will hopefully be forgotten by the end of the session. Nicole's presentation will flirt with neurology, psychology, sociology and physiology, in no particular order.
Nicole Cullen has a very serious background as a commercial litigation lawyer. Armed only with a wardrobe of dark-grey suits, she progressed from a medium-sized law firm to one of the big four firms, where she managed large-scale litigation cases and learnt how to apply numbers consecutively to documents. From there, the excitement grew as she worked for as a lawyer for a bank (described by many as a 'double whammy'). Nicole was then coerced into managing a 'hornet's nest' complaints resolution scheme in the finance sector, where she became adept at responding to media enquiries. From there, she plodded through five years as Deputy Chairperson of a federal tribunal. Having tried just about every other alternative, she ultimately established her own consulting practice, Cullaborate. Finally answerable to no-one but herself, she realised that humour was something to rejoice about and embrace rather than to hide from. Artfully finding the light side of a situation is a craft Nicole believes can be properly applied in mediation.
WEDNESDAY, 18 OCTOBER 2017
CAROLINE COUNSEL
WHAT S.18C OF THE RACIAL DISCRIMINATION ACT MEANS TO CONFLICT RESOLUTION
Controversial s.18C of the Racial Discrimination Act was instituted over 20 years ago to deal with situations where racism produces a material disadvantage for someone. This may be a factor in a conflict dealt with by mediation, such as when a person is denied a promotion, treated differently at school or university, or rejected as a tenant for a rental property. Currently, some politicians are seeking to water down or repeal the section altogether.
In her 18 October presentation, Caroline Counsel explored the competing tensions of s.18C and freedom of speech, through an analysis of case law. She also explored the larger themes of language and intent, and what that meant for us in our varying methods of dispute resolution.
Caroline has been a family lawyer for more than 30 years, is an accredited Family Law Specialist with the Law Institute of Victoria, and is an FDR practitioner. An Independent Children’s Lawyer for more than 15 years, Caroline is also a past President of the Law Institute (2011) and holds the Chair of the Family Violence Portfolio. She was also an inaugural Board member of the Victorian Legal Admissions Board, and an inaugural Board member of the Australian Association of Collaborative Professionals (May 2016), as well as being appointed to the government’s Family Violence 10-Year Industry Taskforce.
MONDAY, 28 AUGUST 2017
SUSAN HAMILTON-GREEN
WHAT DO FAMILY LAWYERS REALLY THINK OF FDR?
In 2015 Susan surveyed about 110 practitioners to explore what family lawyers really thought about Family Dispute Resolution. She received 54 responses, many with additional comments, thereby obtaining a good indication of the overall approach of family lawyers to FDR and what they see as significant when making recommendations to their clients. Some of this information was surprising. It showed that FDR is a significant aspect of advice given by family lawyers, and that they balanced many factors when advising and directing their clients to FDR. It also highlighted various areas important for FDRPs in their ongoing relationships with family lawyers.
Susan is a family lawyer and a specialist in Family Law (LIV) since 1990. Experienced in parenting and financial matters, and as an ICL, Susan has also been a Specialist in Mediation (LIV) since 1993 and a registered FDRP. She is a trained arbitrator and conflict coach and provides mediation training, coaching, and supervision. Susan undertakes private mediation, and conferences for FDRS through VLA. She is a lecturer for the College of Law. Susan is one of the principals of InTandem Legal Services and the principal of Creative Family Law Solutions..
MONDAY, 17 JULY 2017
DR RAJESH SHARMA
RESOLVING A RELIGIOUS DISPUTE IN INDIA THROUGH MEDIATION
On 17 July, Dr Rajesh Sharma presented on the topic 'Resolving a Religious Dispute through Mediation in India'. The background to the decades-long dispute, over a small piece of land (1500 square feet), is as follows. Hindus claim they should own the land because they believe Lord Ram was born on it, while Muslims consider it theirs, as a mosque was built there during Muslim rule in India. Riots and killings have resulted from the dispute, and in 1992, a Hindu mob destroyed the mosque. To avoid further religious or communal violence, the Indian government asked the High Court to rule on the matter. In 2010, the High Court, without resolving ownership, divided that land and adjoining land between Hindus and Muslims.
Unhappy with the decision, both sides have appealed to the Supreme Court of India. While the case is still pending, the Chief Justice has recently suggested that the parties attempt to resolve the issue through mediation. In his presentation, Dr Sharma focussed on the viability of the use of mediation to resolve the various issues involved in the dispute and invited suggestions and discussion from the audience using the basic principles of mediation.
Dr Rajesh Sharma is a Senior Lecturer in Justice and Legal Studies, RMIT University, an accredited mediator at the Mainland Hong Kong Joint Mediation Centre, a panel arbitrator with the Korean Commercial Arbitration Board and a member of India International ADR Association. He is a Research Fellow of the International Academy of the Belt and Road and a member of that organisation’s DR Rules Drafting Committee. Dr Sharma has also conducted research and provided expert comments to UNCITRAL on mediation and conciliation. He is Chief Editor of ADR World and has published a book entitled Dispute Settlement Mechanism in the FTAs of Asia.
THURSDAY, 4 MAY 2017
CLIFF PICTON
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.
MONDAY, 3 APRIL 2017
DR. KARNI PERLMAN
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.
THURSDAY, 9 MARCH 2017
DR. ANITA FRAYMAN
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.
MONDAY, 28 NOVEMBER 2016
VADR AGM
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.
MONDAY, 28 NOVEMBER 2016
ROB JAGGER
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.
THURSDAY, 20 OCTOBER 2016
ANDREW SATTERLEY
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.THURSDAY, 22 SEPTEMBER 2016
CATHERINE HOGAN
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.
TUESDAY, 6 SEPTEMBER 2016
PRIVATE PRACTITIONERS’ SPECIAL INTEREST GROUP
The following topics were discussed: (a) business management – referrals and subcontracting; (b) Triage/readiness to participate in ADR
THURSDAY, 25 AUGUST 2016
WORKPLACE SPECIAL INTEREST GROUP
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.
THURSDAY, 11 AUGUST 2016
PROFESSOR LAWRIE MOLONEY
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.
MONDAY, 18 JULY 2016
CAROLYN WORTH AM
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.
TUESDAY, 14 JUNE 2016
PROFESSOR JILL KLEIN, MELBOURNE BUSINESS SCHOOL
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.
THURSDAY, 2 JUNE 2016
SOFIE GEORGALIS AND KATIE BATES
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.
TUESDAY, 17 MAY 2016
CATHY GALE, ENA SHAW, DARRYN HOCKLEY
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.
3 MAY 2016
PRIVATE PRACTITIONERS SPECIAL INTEREST GROUP
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.
THURSDAY, 14 APRIL 2016
WORKPLACE PANEL
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.
TUESDAY, 16 FEBRUARY 2016
TREASURE JENNINGS, PUBLIC TRANSPORT OMBUDSMAN
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.
18 FEBRUARY 2016
WORKPLACE INTEREST SPECIAL INTEREST GROUP
UNDERSTANDING WORKPLACE STRESSORS
Organiser: Tony Fell
Date: Thursday, 18 February 2016
Time: 6.00 to 7.30 pm
Venue: To be advised.
3 FEBRUARY 2016.
INAUGURAL PRIVATE PRACTITIONERS SPECIAL INTEREST GROUP
3 DECEMBER 2015
WORKPLACE CONFLICT SPECIAL INTEREST GROUP MEETING
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.
MONDAY, 30 NOVEMBER 2015
CATHERINE AIRD, DEPUTY PRESIDENT VCAT
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
THURSDAY, 15 OCTOBER 2015
JILL RABY
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.
WEDNESDAY, 18 NOVEMBER 2015
JENNIFER MCINTOSH
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.
8 OCTOBER 2015
WORKPLACE CONFLICT SPECIAL INTEREST GROUP MEETING
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
THURSDAY, 23 JULY 2015
ROBERT WRIGHT
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.
TUESDAY, 5 MAY 2015
PETER LAURITSEN
CHIEF MAGISTRATE, VICTORIA
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.
TUESDAY, 16 APRIL 2015
MURRAY BICKERDIKE, DR ANNA CHAPMAN, ZANDY FELL & DR DAVID MOORE
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.
TUESDAY, 10 MARCH 2015
GEOFF BROWNE
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.
TUESDAY, 25 NOVEMBER 2014
ELIZABETH BROPHY
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.
TUESDAY, 28 OCTOBER 2014
LYNNE COULSON BARR
MENTAL HEALTH COMPLAINTS COMMISSIONER
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.
MONDAY, 29 SEPTEMBER 2014
PAULINE RYAN
SENIOR CLINICIAN AND FAMILY THERAPIST, GATEHOUSE CENTRE
ROYAL CHILDREN'S HOSPITAL
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.
9-11 SEPTEMBER 2014
NATIONAL MEDIATION CONFERENCE 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.
SATURDAY & SUNDAY 30-31 AUGUST 2014
DR SANDRA FENTON AND DR BRENDA BEATTY
HIGH CONFLICT WORKSHOP
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.
THURSDAY, 24 JULY 2014
GINA RALSTON
THE WORK OF THE DSCV IN THE MAGISTRATES' COURT
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.
THURSDAY, 19 JUNE 2014
PAUL BAN
DIALOGUE IN FAMILY GROUP CONFERENCING
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.
SATURDAY, 15 MARCH 2014
JOHN CLEARY
FDR-1 WORKSHOP
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.
TUESDAY, 4 MARCH 2014
SOFIE GEORGALIS AND MARK CERNE VEOHRC
RECENT CHANGES TO THE VICTORIAN EQUAL OPPORTUNITY ACT
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.
THURSDAY, 28 NOVEMBER 2013
PETER CONDLIFFE
DOING JUSTICE IN ADR: IS IT WHAT DISPUTANTS WANT OR A CONVENIENT RATIONALISATION?
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.
TUESDAY, 29 OCTOBER 2013
SUSAN HALLIDAY
WORKPLACE WOES, WALLIES AND WHINGERS
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.
THURSDAY, 26 SEPTEMBER 2013
JON KENFIELD
MEDIATING AND MANAGING FAMILY BUSINESS DISPUTES
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.
SATURDAY, 29 JUNE
SPENCER FLINT: WORKSHOP
STARTING YOUR OWN MEDIATION PRIVATE PRACTICE
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.
MONDAY, 20 MAY 2013
JOHN CLEARY, RELATIONSHIPS AUSTRALIA QUEENSLAND
PROBLEM-SOLVING FOR ONE: HOW TO ASSIST WHEN MEDIATION CANNOT PROCEED
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.TUESDAY, 19 MARCH 2013
SUSAN CIBAU, ACCIDENT COMPENSATION CONCILIATION SERVICE
MANDATORY ADR: CONCILIATION IN THE WORKERS’ COMPENSATION SYSTEM IN VICTORIA
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.
AGM: TUESDAY, 27 NOVEMBER 2012
ROBERT TURNER, DEPARTMENT OF DEFENCE
CONFLICT COACHING: IS IT MEDIATION FOR ONE?
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.
TUESDAY, 9 OCTOBER 2012
COLLABORATIVE LAW
DANIELLE LUNDBERG AND JANE LIBBIS
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).
TUESDAY, 28 AUGUST 2012
HOW TO MARKET AND SELL YOUR PROFESSIONAL SERVICES
CLIFTON WARREN
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.
28 JUNE AND 7 JULY
DR SANDY FENTON: WORKSHOPS
DEALING WITH HIGH CONFLICT BEHAVIOURS
29 MAY 2012
VADR CPD EVENT
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
16 APRIL 2012
VADR CPD EVENT
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.
13 DECEMBER 2011
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.
TUESDAY, 25 OCTOBER 2011
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, 11 OCTOBER 2011
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
DEMYSTIFYING HIGH CONFLICT
Click here to download a flyer about this event
TUESDAY, 12 JULY 2011
JUSTICE IAIN ROSS, PRESIDENT OF VCAT
PROMOTING VCAT AS AN ADR CENTRE OF EXCELLENCE
Click here to download a flyer about this event
TUESDAY, 10 MAY 2011
LYNNE WITYNSKI, STATE SERVICES AUTHORITY
MANAGING RISK WITHIN AN INTEGRATED COMPLAINTS HANDLING SYSTEM: A NEW MODEL
Click here to download a flyer about this event
TUESDAY, 22 MARCH 2011
AMIE COUSINS, MANAGER CONCILLIATION TEAM FINANCIAL OMBUDSMAN SERVICE
STRATEGIES FOR POWER IMBALANCES CASE STUDY: FINANCIAL OMBUDSMAN SERVICE
Click here to download a flyer about this event
17 FEBRUARY 2011
ANNA LEE CRIBB, COMMISSIONER FOR FAIR WORK AUSTRALIA
CONCILIATION V MEDIATION PRACTICE IN WORKPLACE DISPUTES
Click here to download a flyer about this event
23 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.
31 JULY 2010
ALLIE BAILEY AND MARGOT SCOTT
POWER IMBLANANES THROUGH FAMILY VIOLENCE IN FAMILY DISPUTE RESOLUTION
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.
THURSDAY, 22 JULY 2010
CPD EVENT
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).
THURSDAY, 10 JUNE 2010
CPD EVENT
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.
TUESDAY, 24 NOVEMBER 2009
CPD EVENT
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.
