Message from the chair

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1 NEWSLETTER MARCH 2014 Message from the chair Phil Davey AIFLAM CHAIR Dobinson Davey Clifford Simpson Lawyers - Canberra This is AIFLAM s first quarterly newsletter for I am looking forward to what promises to be an exciting year for AIFLAM as we continue the important role of training and providing support to both mediators and members of the profession engaged in mediation and arbitration of family law disputes. AIFLAM occupies a unique position in the Australian family law landscape. The board of AIFLAM comprises representatives from the family law profession in all states and the Australian Capital Territory, a judge of the Family Court of Australia, a judge of the Federal Circuit Court of Australia, two representatives from the Family Law Section of the Law Council of Australia and a representative from Attorney General s. AIFLAM is accordingly ideally placed to promote and support the interests of arbitrators, mediators and members of the profession engaged in alternate dispute resolution in family law. AIFLAM is seeking to double the size of its membership over the next two years. We currently have approximately 350 members and would like to see that grow to at least 700 members by 30 June If you have colleagues who have an interest in mediation or arbitration, please encourage them to join. Membership has significant benefits including: Being part of an organisation that is the pre-eminent arbitration and mediation body and has a significant voice in the Australian family law system advocating on behalf of its members with government and the Court system; Being part of an organisation which will promote and continue to promote mediators and arbitrators to members of the family law profession; Access to training in both mediation and arbitration; Access through our website to nationally accredited mediators and arbitrators, experienced in the area of family law; INDEX 01 Message from the Chair 03 Queensland Report 04 Victoria Report 06 Hogg & Reid Mediation Centre 07 South Australian Report 09 Western Australia Report 11 Tasmanian Report 12 Board Members AIFLAM CONTACT DETAILS T: F: E: [email protected] W:

2 NEWSLETTER MARCH 2014 Message from the chair... continued Access to news, articles and information relating to mediation and arbitration, particularly in the area of family law in Australia. Training will continue to be a key area of work for AIFLAM in AIFLAM is a Recognised Mediation Accreditation Body and is authorised to train and accredit mediators. AIFLAM has developed, with the assistance of Associate Professor Jill Howieson, and holds the rights to a mediation training course, which meets the Australian National Mediation Standards. AIFLAM also holds the rights, jointly with Bond University, to a training program for arbitrators. During the past two years, AIFLAM has conducted mediation training across Australia and has accredited some 45 mediators during that period. AIFLAM has recently been requested to run an arbitration training course in 2014 and we are hopeful of being able to provide further information to members about the proposed training in the near future. We anticipate conducting at least a further two training courses in mediation in The first course will take place in Perth from 5th to 10th May and the second in Melbourne from 23rd to 28th June. Details of both courses can be found on the website. Significant work has been undertaken by AIFLAM over many months to completely review and redesign our website. The new website was launched in December 2013 and provides both members and family law practitioners with valuable resources including: 1. The capacity to locate a mediator and/or arbitrator in your region; 2. Information, articles and resources relating to mediation and arbitration; and 3. The ability to apply for membership and renew membership online. I urge all members to visit the website. You should have received an in December providing you with logon details. If you did not receive the or encounter difficulties in logging on please contact Jenny Watson at [email protected] or telephone on Phil Davey Michael Taussig QC ( ) AIFLAM would like to acknowledge the life and work of Michael Taussig QC who passed away in late Michael was also a founding member of the AIFLAM Board. Our condolences go to his family and partners of the firm of Taussig Cherrie Fildes Lawyers.

3 Queensland CHAPTER The completion of the website was a priority. Priority will now be to advertise this to non-members to gain membership and have practitioners using the website as a first point of call when looking for a mediator in Family law matters. The establishment of a Qld State chapter is under consideration as a method of maintaining links with members and getting the AIFLAM name out to the profession as a benefit to members. The proposal is to run a two hour function (short paper and drinks) as a first up. The involvement of a Qld judiciary member is under consideration. Peter Sheehy QLD REPRESENTATIVE Peter J Sheehy, Solicitor - Brisbane DATES TO NOTE: QLD Chapter Meeting Date: 9 April 2014 Time: Venue: pm QLS Auditorium Lvl 2, 179 Ann St, Brisbane An AIFLAM webinar is being planned. Laurence Boulle has been approached and has expressed interest. The topic has yet to be finalized but will be mediation/arbitration focused. It seems with membership that the growth in member numbers has obviously come through the MSC registration in other states (principally WA) of newly qualified members thus growing from a smaller base. Qld is a sophisticated mediation scene and there is no low base to build from so gaining members in Qld (both mediators and non-mediators) is where the effort will be focused and the best means of achieving that. 2 and 3 above are a starting point. Phil Theobald (a member) will be talking to Legal Aid Queensland who have approached him about AIFLAM providing the training for arbitrators for the LAQ arbitration initiative now running in Qld in small pool cases. A consideration for our members will be what work might become available and at what rates. Peter Sheehy RSVP: Cost: 3 April [email protected] Members - FREE Non-Members $25

4 Victoria CHAPTER Website The AIFLAM website is up and running and will allow you to arrange payment on line and amend your details. The aim of the website is to give a national profile and allow searching, not just of where mediators offices are, but also their areas of practice. If you haven t jumped on already please do so. Belle Lane VICTORIA REPRESENTATIVE Victorian Bar - Foley s List Fixed Fee Mediation 2013 was a busy year for AIFLAM in Victoria. We worked with the Victorian Bar, the Law Institute of Victoria and the Federal Circuit Court to create the Fixed Fee Mediation Project. As you are aware 40 nationally accredited mediators who are family lawyers are offering their mediation services for up to a days mediation for the sum of $1,980 in financial matters with property pools of $750,000 or less. The fixed fee is equivalent to the first day of trial fee with Legal Aid. The project was born out of a need for mediation services conducted by family lawyers who are also Nationally Accredited Mediators at a lower price to assist in settling, what are often complicated family law matters. The project offers a great opportunity for our members to conduct mediations, gain further experience and gain exposure as mediators. It also offers clients the opportunity to participate in a mediation with an experienced family lawyer at a significantly reduced fee. The Fixed Fee Mediations are also a great opportunity to take along a colleague to observe or co-mediate, to ensure that we maintain our skills and our hours. The take up of the project in Victoria has been slower than anticipated but we will continue to work with the Victorian Bar and the LIV to promote the project and mediation generally. Interestingly, other States are picking up on this initiative. AIFLAM meeting and drinks function AIFLAM is having a meeting and drinks function on 9th April 2014, at level 7, 555 Lonsdale Street, Melbourne to discuss the Fixed Fee Mediation Project, CPD and training amongst other things. I invite all of our members and also any Fixed Fee mediators who are not members, as well as others interested in mediation to attend this meeting to discuss how to continue to promote the project in The cost for AIFLAM members is free for non-members $25. Training in 2014 AIFLAM will be conducting mediation training for National Accreditation in Melbourne from Monday 23 June 2014 to Friday 27 June 2014 with the assessments conducted on Saturday 28 June Associate Professor Jill Howieson from the Faculty of Law at UWA and I will be conducting

5 Victoria DATES TO NOTE: VIC Chapter Meeting Date: 9 April 2014 Time: Venue: 5:00-7:00pm Hogg & Reid Mediation Centre Level 7, 555 Lonsdale St, Melbourne RSVP: 4 April 2014 [email protected] Cost: Members Free Non-member $25 In March 2013 the firm Carew Counsel Solicitors merged with Hogg and Reid Lawyers. The partners of Hogg and Reid - Judy Hogg OAM and Janet Reid OAM have remained working in the firm as Consultants on a part time basis. This space previously held by Hogg and Reid has now been renovated to provide a mediation centre for Lawyers and Barristers requiring space in Melbourne CBD. More information is available in this newsletter, and we thank Carew Counsel (incorporation Hogg and Reid) for their joint sponsorship of this AIFLAM metting. the training. The mediation training has a focus on family law and with parties being legally represented at the mediation. CPD in 2014 As you will know, Nationally Accredited Mediators have to undertake CPD to maintain accreditation. I would like to set up a regular monthly CPD program for our members to assist with maintaining accreditation. I would like to discuss ideas for potential CPD topics and speakers. CPD provides a wonderful opportunity for barristers and solicitors who are mediators to train together and get to know and understand each other s styles. This, I am sure, greatly assists solicitors and barristers when choosing mediators for particular matters. The CPD topics of interest to date are: 1. Pre-mediation intake interviews and how to conduct them; 2. Parties introductions and setting an agenda; 3. The joint session how to get started and break deadlocks; 4. Private sessions breaking deadlocks 5. Professional negligence and the private session; 6. How to deal with difficult lawyers or parties; 7. How to support colleagues in a mediation. 8. Giving advice: why, what, how and when? 9. Helping close the deal. Any other suggested topics are welcome. AIFLAM Victorian chapter AIFLAM is looking to increase its membership and profile in Victoria. We are keen to encourage members to join a Victorian chapter. The aim of the chapter will be to assist in running CPD programs, helping with promotion of AIFLAM s activities including mediation projects. We are a unique organization with representatives from each State and the ACT on our board, together with a Judge of the Family Court of Australia, Judge of the Federal Circuit Court and a representative of the Commonwealth Attorney-General. AIFLAM is an exciting and dynamic organization and I welcome your input. Belle Lane

6 Hogg & Reid MEDIATION CENTRE Overview The Hogg and Reid Mediation Centre is conveniently located in the legal precinct of Melbourne s CBD. The Centre has a bright spacious boardroom for the parties to come together, two private conference rooms and a communal lounge area. This purpose built facility has been named after M.M Judy Hogg OAM and Janet Reid OAM in recognition of their contribution to Family Law. The concept was developed during the merger of Carew Counsel Solicitors and Hogg and Reid Lawyers in March Location and Contact Marsh Centre Level 7, 555 Lonsdale Street Melbourne, VIC 3000 T: F: E: [email protected] Services and Facilities The Hogg and Reid Mediation Centre is equipped with a number of self service facilities provided at no extra cost for use by participants in the mediation. These include: Private and secure environment Comfortable and spacious mediation rooms Wireless Internet Connection A Fax machine to send and receive faxes Telephone in each room Complimentary tea, coffee and biscuits Greeted and directed by receptionist on entry Printing and Photocopying Facilities If you require any additional administration work like typing, this will be charged out at an hourly rate of $ per hour Mediation Centre Layout 1 x Boardroom - seats 10 1 x Conference rooms - seats 4 1 x Conference room - seats 6 1 x Lounge Catering Catering can be arranged upon request Rates and Bookings Prices effective from 1 January 2014 Full Day (all three rooms) $ Half Day (all three rooms) $ Half Day Mediations from either 8.30am 1.00pm or 1.00pm 5.30pm

7 South Australia CHAPTER Since the formation of the SA Chapter at the end of 2011 there have been meetings every 1-2 months, kindly hosted by BBS, a leading Family Law firm in SA. The formation of the Chapter was kicked off by a gathering of interested members of the legal profession to celebrate the visit of then Chair of AIFLAM, Andrew Davies from WA. This sparked enthusiasm among local practitioners. Margaret Ross SOUTH AUSTRALIA REPRESENTATIVE South Australia Bar - Campbell Chambers DATES TO NOTE: SA Chapter Meeting Date: 15 May 2014 Time: Venue: pm Howe Jenkin Level 6, 74 Pirie St Adelaide RSVP: 10 May 2014 [email protected] Cost: Members - FREE Non-Members $25 Together with the SA Board representative, Margaret Ross, representatives of the SA Bar Association, the Law Society Family Law Committee, the Family Law Executive, solicitors, mediators and retired judicial members of the Family Court and Court Registry have been working together to encourage the development of private mediation in Family Law matters, particularly property disputes. A 2 day Mediation Style Conference Training was held by AIFLAM in Adelaide on July This was very successful with Jill Howieson, Belle Lane and Andrew Davies travelling to SA to conduct the course. On 25 August 2012 Andrew Davies again travelled to Adelaide and chaired a meeting to discuss private mediation in Family Law matters, between members of the legal profession and the judiciary, including Justices Dawe and Strickland and Federal Magistrate Kelly (as she then was) with the financial assistance of AIFLAM. Members of the SA legal profession attended training and obtained National Mediation Accreditation at courses in Perth and Sydney in The first Adelaide AIFLAM Mediation Accreditation Training was conducted over 5 days in April Jill, Belle and Andrew again travelled to Adelaide to conduct it. The outcome was very positive. Several interstate lawyers attended the course too. In 2013 the AIFLAM Chapter compiled a List of Mediators, FDR Practitioners and Mediation-Style Conference Chairs for use as a resource at the Family and Federal Circuit Courts in South Australia. The List is held by The Kiosk, an information booth initiated by The Pathways group in SA, which is open 3 mornings a week at the Family and Federal Circuit Courts. It is circulated electronically by Pathways and copies are widely available for practitioners at the Courts. The initiative is supported by the local members of the Judiciary. The Federal Circuit Court Judges are increasingly referring matters to private mediators though there is a tendency to simply insist on informal conferences between parties with their counsel who are briefed for trial (i.e. no requirement for there to be a mediator).

8 South Australia The new AIFLAM website is seen as a welcome addition to the resources available to private lawyers and mediators. Members of the Chapter committee are working on other initiatives. A sub-committee has drafted some proposed orders and directions for private mediations which will be available for practitioners very soon. This year there will be network activities for AIFLAM members and local practitioners, with opportunities to gain CPD points to help with reaccreditation as a mediator and social events later in the year. We welcome suggestions from SA members of AIFLAM for networking and continuining education activities during Members are invited to stay tuned for more initiatives after the next Chapter meeting in March Margie Ross

9 Western Australia CHAPTER 2013 saw the first full year of the operation of the Mediation Style Conferencing project in WA. With the support of the Family Court of Western Australia, the take up rate has been very encouraging. Conversely, the Court reported awareness and willingness by practitioners and litigants to avail themselves of the project to comply with the Section 79(9) requirements. As a result, the Court reports a considerable reduction in the delays previously experienced to reach the Conciliation Conference stage. Further, by easing the pressure to list conferences, it has been possible for the Court to list fewer conferences per day allowing more time for each conference and hence more substantial negotiations. Henry Moser WESTERN AUSTRALIA REPRESENTATIVE Western Australia Bar - Stone Chambers DATES TO NOTE: WA Chapter Meeting Date: 7 May 2014 Time: Venue: Cost: pm TBC Members - FREE Non-Members $25 Information will be posted on the web site shortly. Events/CPD A CPD event was held at Lamonts in Cottesloe with Acting Magistrate Kaeser from the Court relating the Court s experiences with the project and discussing issues arising with it. The WA members of AIFLAM are grateful for the Court s support and cooperation. Survey The WA Chapter also continues to work closely with the Family Law Practitioners Association of WA and at FLPAWA s annual Day Conference in October 2013 AIFLAM was permitted to circulate a survey on Mediation Style Conferencing. In summary, the following becomes apparent: Half of the respondents participated in one or other capacity in a mediation/mediation style conference; One third had undergone training to chair conferences and one quarter training as nationally accredited mediator; The level of experience of the mediator, the level of the experience of the legal representatives involved and the fact that proceedings were on foot were regarded as the most important factors assisting in the resolution of the dispute; The costs for each party including their own representation and their share of the chair s fees were in the following bands: $0 - $4,000: 45% $4,001 - $7,000: 45% $7,000: 10% The following factors were most determinative when choosing a chair (in this order): 1. Experience; 2. Availability; 3. Familiarity with the Chair; 4. Cost; 5. National Accreditation as Mediator; and 6. Whether the chair was prepared to express a view as to the likely outcome.

10 Western Australia The results of mediations and mediation style conferencing are very encouraging. It has been reported that approximately 75% of all disputes referred are resolved in their entirety. The questions which arise are firstly, what can be done to improve the success rate and secondly, how unresolved disputes are dealt with after mediation. Unfortunately, it does appear that in the aftermath of partially resolved disputes, parties at times renege on what has been agreed and all issues return to be at large. A working group has been established to scutinise these two aspects and to potentially extend the project to encompass other forms of ADR. In response to the costs issue, various practitioners have agreed to, on a case by case basis, conduct mediations along the lines of the fixed fee mediations offered in Victoria. Training Mediation Training for national accreditation will be conducted in Perth by Jill Howieson & Belle Lane 5-9 May The venue is yet to be confirmed. Details will be published shortly. Membership Membership of AIFLAM in WA now exceeds 90. Further members are sought to include legal practitioners who do not practise as mediators or arbitrators but have an interest in ADR. A brochure has been drafted and is being finalised for distribution by Family Lawyers and, with permission, at the Court. Networking We continue to build and strengthen our connections with other organisations with an interest in ADR, including the WA Dispute Resolution Association, Legal Aid and Community Legal Advice Centres generally. Retirement of Andrew Davies After several years as WA State Representative and more recently Chair of AIFLAM, Andrew Davies has retired from both positions and has handed over the WA baton to me. Andrew made a very significant contribution to put ADR generally and AIFLAM in particular back onto the map and to devise, with the support of others, a system to ease the pressures of the Court. On behalf of the WA members of AIFLAM I thank Andrew for his efforts and wish him well for his future ventures. I ask members to contact me with any queries, suggestions or concerns at [email protected]. Henry Moser

11 Tasmania CHAPTER The Tasmanian AIFLAM Chapter remains active and enthusiastic in the promotion of mediation and mediation style conferences. MSC s are now de rigueur for all Hobart-based property adjustment cases. Promotion in the North, and particularly North Western, regions of the State has proven to be challenging, however, there is a steady improvement. Pressure on the Court lists has undoubtedly eased. The distribution of promotional material for AIFLAM membership, both at the Registry and via the Family Law Practitioners Association and Law Society is still viewed as beneficial. Marcus Turnbull TASMANIA REPRESENTATIVE Ogilvie Jennings Lawyers Chapter members have been informed that AIFLAM is authorising its members to use the AIFLAM logo for promotional purposes. I would like to acknowledge and thank Michael Trezise for his time as the Tasmanian Chair. Having recently taken over the role, I look forward to working with you all in the future. DATES TO NOTE: Marcus Turnbull Tasmanian Chater Meeting will be held shortly with date and venue to be announced.

12 s AIFLAM Board Members Chair: Deputy Chair: Treasurer: Board Members: Phil Davey (ACT Rep) Peter Sheehy (QLD Rep) Geoff Sinclair (FLS Rep) The Hon Stephen O Ryan QC (NSW Rep) Belle Lane (VIC Rep) Marcus Turnbull (TAS Rep) Margie Ross (SA Rep) Henry Moser (WA Rep) Greg Howe (FLS Rep) The Hon Justice Strickland (Representing the Family Court of Australia) Judge Barbara Baker (Representing the Federal Circuit Court of Australia) Secretary: Jenny Watson PO Box 5044 Alexandra Hills Q 4161 Tel: Fax: [email protected]