Mediation in the workplace Franchisor and franchisee, employer and employee

Mediation in the workplace

Franchisor and franchisee, employer and employee

Thursday 24 August, Melbourne

Join the Mediation & Facilitative Special Interest Group for a discussion on how mediation is used to address issues arising out of workplace disputes. Derek Minus, the Franchising Mediation Adviser, and Zeljko Kovacevic, an expert in employment dispute resolution, will deliver presentations that address the following topics:

  • How their respective processes operate to assist the early resolution of disputes
  • Key differences and issues in mediating in their respective areas that should be considered by mediators
  • Effective strategies employed in mediations in their specific fields
  • Why mediation should be considered for resolving disputes; and
  • How mediation can be promoted within the respective communities in which mediators practice

The speakers will also participate in a question and answer session with attendees after the formal presentations.

Need help REGISTERING >>? Please contact the Resolution Institute office on (02) 9251 3366.

About the speakers 

Derek Minus is a barrister-at-law with a specialist practice in dispute resolution. He holds accreditation as a Nationally Accredited Mediator, Chartered Arbitrator, Expert Determiner and Family Dispute Resolution Practitioner (FDRP). Derek has been active as a mediator since 1992, a court appointed arbitrator since 2000 and is the lecturer for the Commercial Dispute Resolution course at the University of Sydney Law School. On 1 December 2016, he was appointed as the Adviser to the Commonwealth Government responsible for arranging the dispute resolution processes under the Franchising Code of Conduct, the Horticulture Code of Conduct and the Oil Code of Conduct, which are prescribed codes under the Competition and Consumer Act 2010.

Zeljko Kovacevic is the Acting Director in the Dispute Resolution and Compliance branch of the Fair Work Ombudsman (FWO). In addition to being a postgraduate in Workplace and Employment Law, Zeljko is a nationally accredited mediator and a practitioner member of the Resolution Institute. He has worked in the area of employment relations and dispute resolution since 2002 and has a passionate interest in mediation. Zeljko has successfully mediated many workplace relations disputes including face-to-face mediations and tele-conference mediations. As a Senior Mediator within the FWO, Zeljko has also trained and mentored dispute resolution practitioners to gain the required skills to obtain a national mediation accreditation. He manages geographically dispersed teams that specialise in early dispute prevention, mediation, compliance and small claims litigation.

Resolution Institute Event Notice

Details

Date and time

Thursday, 24 August
5.30pm Registration
6.00pm – 7.30pm Presentation

Light refreshments will be served and a special door prize will be offered to people attending on the night.

Venue

ROBL11, Victoria University
295 Queen St
Melbourne, Victoria 3000
(Enter via Little Lonsdale St)

Cost

$25 Resolution Institute Members
$35 guests
$10 students

CPD

This event will contribute 1.5 hour of CPD under the NMAS mediation accreditation scheme.

Developments in Domain Name Arbitration

Join the Resolution Institute’s Arbitration and Determinative Special Interest Group for this discussion on domain name arbitration with leading experts in the field. Chaired by Dr Gordon Hughes and featuring The Honorary Neil Brown QC and Des Ryan AM, this event will cover:

  • a brief overview of the domain name resolution process;
  • how dispute resolution process works for WIPO, ICAAN etc.;
  • how domain name arbitration process is conducted;
  • what constitutes ‘bad faith’ and what is cybersquatting; and
  • some interesting cases including, global brands, actors and celebrities.

The speakers will also share their experiences and provide unique insights and anecdotes on the challenges associated with domain name ownership and retention of one’s identity on the web.

Resolution Institute Event – $35 per person $25 if you are a Resolution Institute member

The event contributes one hour of CPD. Register at

Webinar: Cross-Cultural Community Mediation: insights from mainstream practice

Presented by Sarah Blake

Drawing on over 20 years of experience working in remote and cross-cultural landscapes, Sarah Blake will explore with you a case study on some of the challenges of complex, multi-party, whole-of-community mediations.

In cross cultural settings, it is important that mediators facilitate decision-making that engages with and respects the cultural norms and systemic needs from multiple perspectives. It is often complex involving many parties, support people, lawyers and mediators all wrestling with being effective in this space. This ethical dimension weaves a curious influence, shaping the mediation process beyond mere formula into something unique.

This presentation draws together such challenges, presenting an opportunity to reflect on issues such as confidentiality, legal protections, power and capacity.

Sarah will share some of her insights into how these challenges have shaped her mainstream practices. As well, Sarah frames the conversation to encourage cross-fertilization across different types of conflict resolution practice, asking about:

• Purpose – what you are doing?

• Legitimate authority – how you are doing it?

• Responsibility – who (you, them and us)?

Sarah will provide a case study ahead of the session to encourage you to engage in the topic and actively participate.

Resolution Institute Webinar

This event is hosted by Resolution Institute – please direct all questions to Resolution Institute’s Sydney Head Office on (02) 9251 3366 or email webinars@resolution.institute.

Cost
Resolution Institute Members $25.00 AUD
Guests $35.00 AUD

About Sarah Blake

Sarah is passionate about helping people in complex situations make good decisions.

Sarah has more than 20 years’ experience, in governance and delivering mediation and conflict management services. Sarah’s expertise in the field of multi-party mediation and cross-cultural decision-making allows her to customise services that bridge cultural, commercial and legal divides. Her innovative approach to designing and delivering cross-cultural training across Australia and internationally has earned Sarah considerable respect. In 2016, Sarah was the winner of the 2016 Australian ADR Young Mediator of the Year Award.

Sarah holds accreditations under the National Mediator Accreditation System (NMAS) and the International Mediation Institute (IMI). She provides mediation, negotiation and conflict management in workplace, commercial and community settings. Sarah also offers boards, particularly in the NFP sector, decision making and communication services. Her capacity development services incorporate design, risk assessment and recovery–focussed training. Sarah is a member of a range of mediation panels including Aboriginal Mediation Service, Department of Justice WA and the Federal Court of Australia – Native Title Mediator Panel.

For more information about Sarah Blake, please visit www.haldann.com/about-haldann/10-about/9-our-people  or on LinkedIn https://www.linkedin.com/in/sarah-blake-3589a03b/

Elder Mediation and Screening for Elder Abuse

Webinar – Elder Mediation and Screening for Elder Abuse

Elder abuse is an under-researched and hidden problem. It occurs across the spectrum of our society and is often Webinarsunrecognised, unreported and hard to detect. Some families and/or cultures do not recognise that their behaviour is abusive or label it that way.

The World Health Organisation defines abuse of older people as ‘a single, or repeated action (commission) or lack of appropriate action (omission), occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person. It is a violation of human rights and a significant cause of injury, illness, lost productivity, isolation and despair’.

Elder mediation involves an older adult, or contains issues that have a particular impact on older adults. It is a focused, preventative, respectful process – usually multi-party, multi-issue and intergenerational.

From a human rights perspective, elder mediators must ensure that the voice of the older person is heard, directly or indirectly, and respected. This applies to older people with and without capacity.

Join Associate Professor Dale Bagshaw’s webinar presentation on models of elder mediation, including specific screening tools to:

  • assess whether or not the mediator can accommodate for any disabilities, especially those related to capacity, competency and communication
  • detect signs and risks of abuse or intimidation of the older person in pre-mediation intake sessions.

 

Registration through Resolution Institute. REGISTERING >>? Resolution Institute Sydney office on (02) 9251 3366  or email webinars@resolution.institute

 About Associate Professor Dale Bagshaw

Associate Professor Dale Bagshaw (BA, Dip Soc Stud, M Soc Admin, PhD, Cert.EM.)

Dale is a practicing Certified Elder Mediator with the Elder Mediation International Network (EMIN) and an adjunct Associate Professor in the School of Psychology, Social Work and Social Policy, University of South Australia where she was previously Head of School, the Director of Postgraduate Studies, Program Director for the Masters/Graduate Diploma in Mediation and Conflict Resolution and the Doctor of Human Service Research, and the Director of the Centre for Peace, Conflict and Mediation (1973-2009). In 2007, she led the research team that wrote the first South Australian Government’s ‘Strategy to Prevent the Abuse of Older South Australians 2007-2014’ and is a member of the Steering Committee, Office for the Ageing, Department of Health and Ageing which reviewed the plan and produce the report – ‘Strategy to Safeguard the Rights of Older South Australians 2014-2021’. She continues on the Steering Committee to oversee the implementation of the new plan.

Dale convened the 6th World Summit of Mediation with Age-Related Issues in Adelaide in 2013, is the convener and Chair of the Elder Mediation Australasian Network (EMAN), which she developed post-Summit, and has developed and maintains a comprehensive resource-rich website for elder mediators, older people and their families (see www.elder-mediation.com.au). She is a member of the Board and Certification Committee of the Elder Mediation International Network (EMIN) and has worked with the latter committee to develop international certification standards for elder mediators that are relevant to Australasia. Since April 2015 she has delivered many training programs for elder mediators in Australia and New Zealand, which in part meets the EMIN certification requirements.

For more information about Dale Bagshaw’s extensive background and work in elder mediation visit http://elder-mediation.com.au/committees/bagshaw-dale/

Exploring the developing landscape for resolving family disputes out of court

Exploring the developing landscape for resolving family disputes out of court

Wednesday 21 June, Melbourne

Changes to the legislation around pre-action procedures, funding cuts resulting in large court lists, and lengthy delays for final hearings, means that parties to family disputes are seriously considering options for resolution out of court. Choosing from the various alternatives requires a good understanding of the different pathways, their strengths and pitfalls, and an ability to match individual needs to the best options for them at that time.

Join your Mediation & Facilitative Special Interest Group and our panel of speakers to discuss what these different choices might mean for your clients. We will consider location, cost, referral, legal and other support, process, and other factors that may assist in determining which of these options are more suitable for each case.

 

Need help REGISTERING >>? Please contact the Resolution Institute office on (02) 9251 3366.

About our presenters

About the Chair

Nussen Ainsworth is a legal academic and mediator. He is an LIV accredited specialist in mediation, NMAS accredited mediator and a Family Dispute Resolution Practitioner. He is a lecturer and is the coordinator of the ADR unit at the College of Law and Justice, Victoria University. Prior to becoming an academic, Nussen practised as a solicitor at a commercial law firm in Melbourne. He is a member of the Law Institute of Victoria’s ADR, Resolution Institute Mediation and the Magistrates’ Court Dispute Resolution Committees. He is currently completing his PhD on court-connected mediation at Monash University.

About the panel

Susan Hamilton-Green is the Principal of Creative Family Law Solutions and has over 30 years experience in family law, becoming an Accredited Family Law Specialist in 1990. She is a registered Family Dispute Resolution Practitioner under the National Mediator Accreditation Scheme and as a specialist in mediation by the Law Institute of Victoria. Susan is also a trained Arbitrator with AIFLAM and trained as a Conflict Coach. Susan is also an adjunct Lecturer with the College of Law since 2011 and provides supervision and training to family dispute resolution practitioners and junior lawyers.

Belle Lane is a Barrister at the Victorian and Western Australian Bars and is also a Solicitor in Victoria, Western Australia and the Northern Territory. Belle practises in all areas of the family law and de facto jurisdictions, including pre-trial applications, trials, mediations, arbitrations, advice and paperwork. Belle is a Nationally Accredited Mediator since 2007, Family Dispute Resolution Practitioner, Collaborative Practitioner and arbitrator. She is the Victorian Representative for the Australian Institute of Family Law Arbitrators and Mediators.

Marguerite Picard is the Director of MELCA and is a Melbourne-based accredited Family Law Specialist, a collaborative lawyer and a mediator who specialises in helping couples divorce without going to Court. Marguerite established the Melbourne Collaborative Alliance, a collaborative practice with a holistic approach to divorce that utilises the adjunct services of a psychologist and a financial planner.

Ed Shackell is Practice Development Specialist-Family Law for Relationships Australia Victoria. He worked as a family lawyer for Victoria Legal Aid before turning to family mediation. He has been working as an FDRP for over 20 years and is a registered FDR practitioner with the Commonwealth Attorney-General’s Department. Ed has extensive experience, supervises senior FDR practitioners and provides group supervision in FDR for all programmes run by RAV. He delivers training for the Graduate Diploma of FDR run by Relationships Australia Victoria, is involved in their current pilot project in elder mediation, and facilitates the Lawyers Panel maintained by RAV.

Event details

Date and time

Wednesday, 21 June
5.30pm Registration
5.45pm – 7.30pm Presentation
Light refreshments included

Venue

Victoria University
Lecture Theatre R0102
295 Queen St
(Enter via Little Lonsdale St)
Melbourne

Cost

$25 members
$35 guests
$10 students

CPD

This event will contribute 1.5 hour of CPD under the NMAS and the Resolution Institute mediation accreditation schemes.