Queensland Law Society

Alternative Dispute Resolution Conference

Friday 22 February 2019 | Law Society House, Brisbane

As pressure from courts and clients for pre-trial settlements increases, practitioners experienced in mediation and/or arbitration have a distinct advantage. Whether you are a general practitioner seeking dispute resolution training or an accredited specialist seeking continuing education, join us for this full-day conference to update your legal toolkit with mediation and arbitration skills. Don’t be left behind - attendees will receive practical tips and training to plan a mediation, powerful techniques for communicating with influence during negotiations, guidelines for addressing ethical issues and much more!


7 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$652 Earlybird
$817 Standard
Non-member
$1067 Standard

Earlybird closes 25 January

Registration closes 19 February


Program

8am

Registration

8.30am

Welcome remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Chair, Queensland Law Society Practice Management Course Committee and Member, Queensland Law Society Criminal Law Committee
Chair:
Paul Coves, Principal and Director, Coves & Co. and Deputy Chair, Queensland Law Society Alternative Dispute Resolution Committee

8.35am

ADR is not just private mediation: Opportunities for the 21st Century

According to a 2018 report on the state of the Australian legal market, dispute resolution is the fastest growing practice area at 19.1% growth year on year. Many courts are encouraging and in some instances even legislating prefilling ADR. Hear from a panel of experts including members of the judiciary, legal practice and education sectors as they discuss the increasing role of dispute resolution and what this means for you.

Panellists:
President Fleur Kingham, President, Land Court of Queensland
Peta Stilgoe OAM, Member, Land Court of Queensland
Dr Rachael Field, Professor of Law, Faculty of Law, Bond University and Co-Director, Dispute Resolution Centre, Bond University
Chair:
Paul Coves, Principal and Director, Coves & Co. and Deputy Chair, Queensland Law Society Alternative Dispute Resolution Committee

9.35am

Arbitration vs Litigation: What you need to know to have a successful arbitration experience

Recognising when to litigate and when to arbitrate is key when trying to achieve the best results for your clients. This session will explore the pros and cons of both methods and provide you with the tips you need to achieve a good commercial arbitral outcome.

Presenter:
Warren Fischer, Managing Director, Alternative Dispute Resolution Services
Chair:
Karyn Reardon, Partner, HWL Ebsworth, Chair, Queensland Chapter, Resolution Institute and Member, Queensland Law Society Alternative Dispute Resolution Committee

10.35am

Morning tea

10.55am

Beyond BATNA: Taking your mediation training to the next level

Whether you are an experienced mediator or a practitioner looking to upskill, this session will elevate your current training and knowledge to develop your strategic approach to mediate. Hear from an experienced mediator and practitioner as they discuss:

  • how to intake and adequately prepare clients
  • how to create and execute an effective plan-of-action
  • the tricks and traps even the most experienced of mediators face and how to deal with them
Presenters:
The Honourable Richard Chesterman AO RFD QC, Former Justice, Court of Appeal, Supreme Court of Queensland and Mediator
Karyn Reardon , Partner, HWL Ebsworth, Chair, Queensland Chapter, Resolution Institute and Member, Queensland Law Society Alternative Dispute Resolution Committee
Chair:
Jim Brooks, Director, Jim Brooks Lawyer and Member, Queensland Law Society Alternative Dispute Resolution Committee

11.55am

Negotiating with difficult people: How to get better results

The dispute resolution process can be highly charged. This session will help you to understand how to manage tough negotiations with difficult people and how to better prepare your client. This session will focus on:

  • types of difficult people
  • how to negotiate with different types of difficult people
  • what is the role of cognitive bias
  • what can we learn from research on how we make decisions
  • what to do when clients become blocked and can’t make a decision
  • other tips to negotiate the impossible with the impossible
  • preparing clients for the heat of the ADR battle
Presenter:
Alison Haly, Principal and Mediator, Haly & Company
Chair:
David Bowles, Ethics Solicitor, QLS Ethics and Practice Centre, Queensland Law Society

12.55pm

Lunch

1.40pm

The ethics of dispute resolution

While most alternative dispute resolution regimes allow for a less rigid set of rules in order to increase the chances of resolving a matter, ADR does not exist in an ethics-free universe and solicitors remain bound by their ethical duties.

This session will cover the fundamental duties all solicitors owe, the specific obligations of practitioners running a mediation or participating in it, and will provide guidance on how to mediate effectively for your client without breaching ethical duties. With mediated resolutions quickly becoming the norm in the justice system, this session will be of practical use to all prudent practitioners regardless of their area of practice.

Presenter:
David Bowles, Ethics Solicitor, QLS Ethics and Practice Centre, Queensland Law Society
Chair:
Farely Tolpen, CEO, Mediation Experts and Member, Queensland Law Society Alternative Dispute Resolution Committee

2.40pm

Afternoon tea

2.55pm

Negotiating through a different lens: How a collaborative skill set unlocks dispute resolution opportunities

Dispute resolution begins at the first client meeting but preparing a client for agreement is often counter intuitive for most lawyers, at least until the usual legalistic thought processes have been exhausted. By that stage, the conflict, if not the dispute, has usually grown, as the tools to unlock and maximise a problem solving mindset (for lawyer as well as for the client) are not found in case law or legislation.

This session will explore how (regardless of your area of expertise) a positive approach to problem solving and a conscious focus on expanding areas of agreement, can transform your practice.

Presenter:
Anne-Marie Rice, Director, Rice Dispute Resolution; Accredited Specialist (Family Law) and winner of the Leneen Forde AC Woman Lawyer of the Year Award (2018)
Chair:
Farley Tolpen, CEO, Mediation Experts and Member, Queensland Law Society Alternative Dispute Resolution Committee

3.55pm

Understanding the potential psycho-social impacts on ADR practitioners

Legal practice professionals face a number of risks and challenges. The impact of this is the elevated prevalence of mental health issues that are among the highest of any profession. Specifically, practitioners who specialise in ADR tend to work in isolation and in stressful and potentially aggressive situations. This can result in a number of psycho-social issues including:

  • stress related challenges
  • burnout, and
  • compassion fatigue.

This session will discuss the common mental health challenges facing ADR practitioners and provide practical guidance on how to implement better business practices to combat same.

Presenter:
Tania Murdock, Certified Franchising Executive Trainer, Franchise Council of Australia; Accredited Family Dispute Resolution Practitioner, Dispute Management Australia and Member, Queensland Law Society Wellbeing Working Group
Chair:
Farley Tolpen, CEO, Mediation Experts and Member, Queensland Law Society Alternative Dispute Resolution Committee

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4.55pm

Closing remarks

Presenter:
Matt Dunn, General Manager, Policy, Public Affairs and Governance
Chair:
Paul Coves, Principal and Director, Coves & Co. and Deputy Chair, Queensland Law Society Alternative Dispute Resolution Committee

5pm

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