ADR processes are alternatives to Judicial determination of disputes. They are designed to provide parties with flexible options, process satisfaction and resolution of disputes mindful of commercial imperatives.

To meet the objectives of ADR, contracts need to clearly and carefully define the framework for use of ADR. This paper examines issues to consider in formulating an ADR clause.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

sk-whistleblowing-in-6-minutes

Hosted by UTS, sign up below for one of our complimentary places.

By the end of the session you will have a handle on whistleblowing for your organisation. Includes a Q&A, key template documents and a tool.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

whistleblowing-complaints-and-reporting

Complying with whistleblowing legislation in Australia before January 1 is an important milestone for many companies and organisations. But let’s take a moment to reflect on where it fits within a broader reporting and feedback framework.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

Out-of-Africa-Anthropological-Insights-for-HR-Professionals-David-Bryson-workplace

The particular gift of the outsider mediator is to be aware of things unwritten but influential, unseen but played out each day in business activities and bring this to the notice of individuals engulfed in conflict.

David Bryson experienced workplace HR and mediation consultant at Resolve Advisors

David Bryson

grief-in-the-workplace-resolve-advisors

“What can we gain by sailing to the moon if we are not able to cross the abyss that separates us from our- selves? This is the most important of all voyages of discovery, and without it, all the rest are not only use- less but disastrous.”
—Thomas Merton, Meditations on Grief, workshop materials

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

Abstract image Alternative Dispute Resolution Forms Methods Practices Shirli Kirschner

In recognition of the importance of the process it is often said that the aim is to match ‘the forum with the fuss’.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

adr-clauses-in-contracts-enforceable

Dispute resolution clauses in a contract are the steps that parties agree in advance, that they will follow if a dispute occurs during the contract. This article provides an overview of these clauses and how they function. Written by ADRAC members.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

In Australia, extensive use has been made of pilot schemes, or pilot programs, that include the use of ADR processes as an integral component. Pilot programs can be used specifically to introduce ADR processes for resolving disputes in a discrete context, or for trialling novel approaches to established dispute resolution processes. The use of pilot programs is widely recognised as a fundamental requirement for effective Dispute Systems Design.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

Abstract drawing representing the article 'Dispute Management Plans Alternative Dispute Resolution' by Shirli Kirschner

Shirli Kirschner outlines some background, approaches to, and essential elements of dispute management plans.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

Abstract drawing representing the article 'Alternative dispute resolution in the workplace' by Shirli Kirschner

Dealing with diversity in all its complexity can result in conflict. Workplaces must have in place both processes to ensure adherence to legislative requirements and also practical ways of building skills within the workforce to deal with issues and conflicts when they arise in a strategic and effective way.

Shirli Kirschner, founder and director of Resolve Advisors, lawyer and accredited mediator

Shirli Kirschner

quiet on the litigation front mediation desk pathway

It’s only natural that the economic downturn should bring about a spike in litigation activity. But this time, there is a more fundamental shift and a need for more creative dispute resolution through mediation writes Angela Preistly.

Angela Priestley