This post is by Dr John Woodward, of University of Newcastle, and was workshopped at the ADRRN Roundtable 9-10 December 2019. John is the 2020 President of the Australasian Dispute Resolution Research Network. For all of our progress in advancing the cause of mediation in Australia, there is one problem that remains tantalisingly difficult to resolve. It …
Freedom of speech is still the best way forward
This article was first published on LinkedIn on April 13, 2019 It is generally accepted that we, as individuals, don’t know everything and that we must depend on others to ensure that the world works the way intended. Human survival is reliant on the co-operation between our human family with its diverse set of opinions, …
Banking Royal Commission Mediation Recommendation
The final report of the Royal Commission into Misconduct in Banking, Superannuation and Financial Services Industry was released on Monday 4th February, 2019. Among its 76 recommendations was one to implement a national scheme of farm debt mediation. The final report recommends (Recommendation 1.14) that in relation to distressed agricultural loans the bank should: ensure …
Accountants and Mediation
Accountants can help clients in dispute by recommending and helping with mediation. It is valuable advice and can strengthen client / accountant relationships.
Mediation Suitability
Mediation is an efficient and cost-effective means of resolving disputes. There are situations, however, when mediation is not suitable to the resolution of the dispute in question. In a previous post titled Costs and Causes of Business Disputes we discussed a new inquiry by the Australian Business and Family Enterprise Ombudsman (ABFEO) that revealed the …
Mediation in chains
By John Woodward Party self-determination has traditionally been valued as a core fundamental element of mediation. Under this vision, it was assumed that parties would be the principal actors in mediations to resolve their disputes, that they would actively and directly participate in communication and negotiation, that they would choose and control the substantive norms …
People, we are all the same
Conflict, hatred, war, prejudice, fear and many other ills all seem to stem from the focus on differences between people. However, Ewan McGregor, in Long way round, made a simple yet profound statement. He said “we’ve come this far and people’s faces have changed and people’s houses have changed and people’s beliefs may have changed but …
Costs and causes of business disputes
A new inquiry has revealed the massive costs facing businesses using formal pathways to resolve a dispute. They include legal costs and the costs associated with the end of business relationships. A recent survey of 1600 small and medium enterprises (SME) (those employing less than 20 full time equivalent employees) by the Australian Business and …
Resolving commercial disputes
Commerce revolves around relationships. It is often evident that building successful businesses is dependent on cultivating, preserving and enhancing business relationships. In fact, an essential element of a contract is the intention to create a legal relationship. Business happens over years and years. Value is measured in the total upside of a business relationship, not …
Unexpected results
Often a party to a dispute is unwilling to negotiate because they feel that have a ‘watertight case’ and are sure to win in court. However, the facts and peculiarities of the case will have a significant bearing on the outcome. These facts and peculiarities may not have been adequately considered, assessed and compared by …