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John Woodward

Hunter Mediation Services

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Hunter Mediation Services

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RE: Debt Management Services

Posted By John Woodward 05-07-2021 10:46 AM
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Thank you for providing notice of the change of law in respect of the licensing of debt management service providers. As a legal academic who also provides mediation services (but mainly mediation services these days) I have come to the view that I am not required to be licensed. This is because I provide ...

RE: Is Arbitration not within the remit of ADR?

Posted By John Woodward 23-03-2021 09:07 AM
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I think the point that emerges from this discussion is that the term "arbitration" itself is not homogenous. It comes in many shapes and forms and some of them may come within the purview of ADR and others may not. The point that David Baldry has made is a good one, that is, that arbitration, especially ...

RE: Is Arbitration not within the remit of ADR?

Posted By John Woodward 22-03-2021 08:02 AM
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That is an interesting question which has certainly occupied the minds of dispute resolution theorists over time. It would appear from the evidence that the official court view is that arbitration is encompassed as a form of ADR. Paragraph 8 of the Local Court of NSW Practice Note Civ. 1 speaks of referral ...

RE: Mediation agreements

Posted By John Woodward 11-02-2021 07:18 AM
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I normally only require the parties themselves to sign the agreements though I do make it clear at the commencement of the mediation that everyone in the room is bound by the confidentiality provisions. I take the view that the lawyers are sufficiently sophisticated to understand the confidential nature ...

RE: Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 07-02-2021 09:56 AM
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Thanks to Max Kimber and Phillip Halstead for your valuable contributions to this conversation. I think that, as a general proposition, it would be fair to say that most lawyers, even in NSW, are "on board" with the idea of mediation. They have to be. It is now institutionalised and, in many cases, is ...

RE: Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 03-02-2021 08:40 AM
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I am pleased that my article seems to have generated some interest among members. It is also generating some interest among academics. On Monday and Tuesday of this week, I chaired the 9th Annual round table meeting of the Australasian ADR Research Network (ADRRN) which was held online, hosted by the ...

Exploring the relationship between confidentiality and disputant participation in court-connected mediation

Posted By John Woodward 11-12-2020 08:04 AM
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I just wanted to draw members' attention to an article I have published in relation to the subject of confidentiality and disputant participation in court-connected mediation. The article has appeared in the peer-reviewed Newcastle Law Review which is a publication of the University of Newcastle NSW. ...

Exploring the relationship between confidentiality and disputant participation in court-connected mediation

Posted By John Woodward 11-12-2020 08:03 AM
Found In Library: Open Forum

RE: Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 02-12-2020 09:28 AM
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Thank you for your contribution Danielle. What my journal article proposes is a legislative scheme for NSW similar to that required by the Civil Dispute Resolution Act 2009 (C'th) for proceedings in federal courts. The effect is that disputing parties may not commence proceedings in a court until they ...

RE: Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 27-11-2020 11:57 AM
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Hi Michael, Thanks for your remarks. I know Alistair Henskens. I used to run cases against him in earlier days when we were both practicing solicitors in Newcastle. I'm not greatly surprised at his views and I agree that they coincide with those of many people from both sides of the profession in ...

RE: Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 27-11-2020 08:58 AM
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Thanks Stephanie, I hope that I may have the opportunity to be involved in some work on this subject with RI next year. So I will keep the group posted. Best wishes, Dr John Woodward Associate Lecturer Law School The University of Newcastle (UON) Level 5, 409 Hunter Street Newcastle ...

Legislating for Common Sense: Encouraging the Legal Profession to use mediation as a first step

Posted By John Woodward 25-11-2020 07:39 AM
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In 2009 the NSW Parliament legislated an amendment to the Civil Procedure Act 2005 (NSW) which would have had the effect of requiring intending litigants to make reasonable efforts to resolve their disputes before commencing litigation in a NSW Court. Despite widespread community consultation and bipartisan ...