ADR News

‘Justice Out Of Reach For Most’
FORMER High Court judge Michael Kirby says Australia should follow the English model of dispute resolution and encourage parties to mediate before resorting to court action, to avoid time-consuming, costly and public trials.Mr Kirby, who addressed the Institute of Arbitrators and Mediators Australia yesterday for the first time since becoming national president, said it was too costly for many people to access the nation’s “Rolls-Royce” court system, and mediation offered an alternative.”It can be quicker, cheaper, more available, more confidential and be in the hands of the parties,” Mr Kirby said in Adelaide.
Read all the article [here]

NV Foreclosure Mediation Program Gets First Request
What makes this news worthy I think it is:
1) yet another state has implemented a foreclosure mediation program
2) They are including an online interactive element to the process, ” Questions may also be directed over the Internet to”
3) The foreclosure mediation program is self funded through fees and will not require the expenditure of any taxpayer dollars. Lenders pay an increased fee for filing a foreclosure notice, which is used to fund administrative costs of the program. Homeowners and lenders will share the $400 costs for the mediators, with each party paying $200 prior to the mediation.
Read the full article [here]

NZ Wants Bigger Copyright Watchdog
The New Zealand Government has released a discussion document for public consultation that calls for more powers for the Copyright Tribunal.
The controversial Section 92A of the Amended Copyright Act was introduced by the former Labour Government last year and then suspended by the new National Government after public outcry and protests in March. The
dicussion paper leaves termination of ISP customer accounts still on the table, with the difference being that the decision will lay with the existing Copyright Tribunal rather than rights holders requesting service providers to switch off access for internet users.
A three-phase process is proposed in the document: Phase 1 allows for rights holders to file complaints with ISPs, which in turn notify customers that they’re accused of infringing copyright. If the infringement continues, rights holders can issue cease and desist orders via the ISP to its customers.

Full article [here]

JAMS Neutrals Named 2009 Power Mediators by The Hollywood Reporter
July 28, 2009 – Los Angeles, CA – JAMS, The Resolution Experts, the nation’s largest private provider of mediation and arbitration services, announced that three JAMS neutrals, Richard Chernick, Esq., Judge Diane Wayne, and Judge Daniel Weinstein have been recognized as “Power Mediators” by The Hollywood Reporter as part of their annual “Power Lawyers” Special Report. Only seven mediators were recognized for their outstanding expertise in resolving entertainment disputes.

Read the full press release [here]

Vote For Safe Horizon
Remember to vote for Safe Horizon [here]. If you are asking why, read the posting [here].

TAC, WorkSafe open to rip-offs Ombudsman finds
DODGY doctors may have been ripping off TAC and WorkSafe with excessive bills and charging for procedures that never took place.A damning report from the Ombudsman highlighted “significant flaws” in the two government controlled organisations’s could have cost Victorian taxpayers “millions of dollars”. Ombudsman George Brouwer said in his report the billing procedures at TAC and WorkSafe are “vulnerable to fraud and being taken advantage of” by dodgy billing practices. The report follows a prior ombudsman’s inquiry focusing on the former head of The Alfred Hospital trauma unit Thomas Kossmann, who was found to have billed the TAC for surgery on road accident victims he did not perform.
Read the full article [here].

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