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Strategic Resolution: An Arbitration and Mediation Intensive

Strategic Resolution: An Arbitration and Mediation Intensive

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CPD Guide: 3 PS
This afternoon intensive provides participants with some valuable learnings, insights and tips for successful alternative dispute resolution practices.
CPD: 3 point per session (PS)
Format: In-person (Hobart) and livestreamed
Recorded: With the presenters' consent
Time: 2-5.20pm 

2pm - 3pm - Naomi Bryant, Ali Sawyer and Chris Groves
Session 1 - What If You Just Need Someone To Make a Decision? Will It Be Arbitration or Expert Determination
If mediation fails or is not the right fit, and litigation is too slow, too costly or too public, there are other options. Parties can agree to resolve their dispute by arbitration or by expert determination. This is a consideration of the differences in law and practice. What needs to be considered? How can you tailor a process that meets your needs (or your client’s)? Why choose either option over litigation?

Mini-break

3:10pm - 4:10pm - Nick Terracall, Naomi Bryant and Chris Groves
Session 2 - Mediation in Civil Process: Is There Ever a Right Time?
A look at the arguments for and against early mediation in civil proceedings. An exploration of the inherent conflict between adversarial legal process, ADR practice and theory, and the dilemma that lawyers and clients face when deciding when the right time is to try to resolve a dispute, as well as considering some of the cultural practices that inform choice in this context.

Mini-break

4:20pm - 5:20pm - Nick Terracall, Naomi Bryant, Ali Sawyer and Chris Groves
Session 3 - The Do's and Don’ts of Mediation Practice
Some tips and traps are shared, with some stories/experience examples thrown in.

5.20pm-6pm - Networking drinks and nibbles

 About the presenters

Naomi Bryant, Legal Practitioner and NMAS Accredited Mediator. Naomi has extensive expertise in dispute resolution, legal education, and governance. Admitted in Tasmania (1996) and New South Wales (2001). She holds a combined Bachelor of Economics and Law and has been accredited under the National Mediator Accreditation System since 2009. Naomi’s legal practice spans personal injury, institutional abuse, professional negligence, estate, contractual, construction, and multi-party disputes, as well as Direct Personal Response processes for survivors of institutional child sexual abuse. She has served as mediator and conciliator for the Supreme Courts of Tasmania and the ACT, the Fair Work Commission, and the Federal Court (Native Title list), among others. A former Executive Director of Tasmania’s Centre for Legal Studies and senior lecturer at the University of Tasmania, Naomi has also held governance roles with Women’s Health Tasmania and the Australasian Professional Legal Education Council. Her practice is thoughtful, collaborative, and trauma-informed.

Nick Terracall, Principal, Terracall & Associates completed his Bachelor of Laws at Griffith University in Queensland, graduating with Honours. His excellent academics led to his appointment as an Associate to the Deputy President of the Administrative Appeals Tribunal in Brisbane. Returning to Launceston in 2016, Nick recognised the need for local businesses and individuals to have access to the kind of specialist dispute resolution services normally only offered in larger city firms. This led him to establish Terracall & Associates. Nick is an accredited mediator under the National Mediator Accreditation Standards.

Chris Groves, Principal Lawyer, Dobson Mitchell Allport practises across a wide range of commercial and related disputes, with a focus on company and partnership disputes, insolvency law, building and construction disputes, trust disputes, property disputes and recovery actions. Chris regularly acts for and against insolvency practitioners, developers and property owners, government bodies, large and small builders, shareholders and insurers.

Chris is an accredited building adjudicator under the Security of Payment legislation in Tasmania, New South Wales and Queensland and has adjudicated hundreds of construction payment disputes in this role since 2010. He has a reputation for strong commercial judgement and tailored problem solving and regularly appears in many of Tasmania’s courts and tribunals.

Ali Sawyer, Senior Associate, Simmons Wolfhagen is a dedicated family lawyer practising in parenting, property, child support, and family violence matters. She represents both parents and children in Child Safety applications and provides holistic, pragmatic advice that balances dispute resolution options, costs, and the emotional impact of family dynamics. With prior experience at the Australian Taxation Office, Child Support Agency, and Magistrates Court of Tasmania, Ali brings valuable institutional insight to her practice. She has served as Co-President of the Southern Young Lawyers Committee, Chair of the Child Safety Sub-committee, and volunteered with the Hobart Community Legal Service. A respected member of the profession, Ali is also an accomplished speaker and award recipient. She holds a Bachelor of Laws/Science (Hons) and a Graduate Diploma of Legal Practice.

Location

in-person (at the Society, 28 Murray Street) and livestreamed.

28 Murray Street, Hobart Tas 7000

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Contact Details

Venue Access: Please note that as the Society's building at 28 Murray Street, Hobart was built in 1876 there is no lift or disability access to the downstairs training area. The Society's building at 56 Charles Street, Launceston was built in 1860 and there is no lift or disability access to the upstairs rooms.

CPD Points: Any CPD points listed are provided as a guide and registrants should satisfy themselves about the nature and quantity of CPD points they can claim for the activity. Please refer to Practice Guideline no.4 HERE for details.

Non-Member Registrations: Conditions apply at the discretion of the Society. The Society will be in touch if you are not eligible to register and a refund will be issued.

Refund/Cancellation: By registering for this event you (as a member or non-member) agree to the terms and conditions under the Society's Refund/Cancellation Policy and Terms and Conditions of Registration.

Important Copyright Notice: Papers and materials supplied in association with any Society event, activity and recording are subject to copyright and are provided for the registrant’s use only. They may not be shared, copied, reproduced, adapted, transmitted, or otherwise distributed, nor may they be modified or reposted to other sites in any manner.

 

2-5.20pm 20 March In-Person - 2-5.20pm 20 March Livestreamed

  • Sessions

    SESSIONS
    DESCRIPTION
    STATUS

    Please also choose to attend either in-person or livestreamed.

    2-5.20pm 20 March In-Person
    2-5.20pm 20 March In-Person You are registering to attend in-person at 28 Murray Street, Hobart. OPEN
    You are registering to attend in-person at 28 Murray Street, Hobart.
    OPEN
    2-5.20pm 20 March Livestreamed
    2-5.20pm 20 March Livestreamed You are registering to attend by Zoom (i.e. livestreamed) OPEN
    You are registering to attend by Zoom (i.e. livestreamed)
    OPEN
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