Mediator of the year, conflict resolution practitioner, and Australian author and poet, Tom Stodulka, has made the 2021 Queen’s Birthday Honours List. The Landsborough mediation specialist was among 157 inspirational Queenslanders recognised for their contribution to the health, wellbeing and progress of Australia.
Former District Court Chief Judge the Honourable Kerry O’Brien AM is among the Queenslanders featured in the Queen’s Birthday 2021 Honours List this week.
Mr O’Brien, who was Chief Judge from 2014 to 2020, was recognised for his “significant service to the law, and to the judiciary in Queensland”. Another former District Court judge, the Honourable Brian Boulton AM, who served in that court from 1988 to 2004, was recognised for his service to the law. Mr Boulton was also Principal of St Joseph’s Nudgee College from 1968 to 1973. Well known mediator Tom Stodulka AM, a co-founder and Director of the Australasian Dispute Resolution Centre, was recognised for “significant service to the law, and to mediation and dispute resolution”, along with Resolution Institute director member and trainer Mieke Brandon AM. Mediator of the year, conflict resolution practitioner, and Australian author and poet, Tom Stodulka, has made the 2021 Queen’s Birthday Honours List. The Landsborough mediation specialist was among 157 inspirational Queenslanders recognised for their contribution to the health, wellbeing and progress of Australia.
Recipients included a diverse range of Australians from church leaders, aged welfare advocates and public administrators to medical educators, researchers, law practitioners and arts workers. Tom was one of 32 Queenslanders appointed Members of the Order (AM) in the General Division for his significant service to the law, and to mediation and dispute resolution. If you have a conflict with someone and it is not being resolved to your satisfaction, mediation may one of the dispute resolution processes that could help. There are a number of models of mediation but the one that the Conflict Resolution Centre generally uses is the "facilitative " model. The parties are initially interviewed separately by the mediator and then meet together with the mediator who facilitates the mediation. During the mediation the parties are encouraged to discuss the issues in dispute, identify options and negotiate the details of any agreement. Providing that the goodwill continues throughout the mediation, the parties generally do come to an agreement at the mediation. However even if they don't reach agreement there is the possibility that the relationship might have been improved as the parties may have a better understanding of each other point of view. If it matters, it's worth mediating Yesterday on Elder Abuse Awareness Day (15 June 2015), a day designated by the United Nations as the International Day of Action, a meeting of four Elder Mediation Australasian Network (EMAN) mediators on the Sunshine Coast joined the world voices opposing the abuse of older people. The mediators discussed better ways of providing means to promote an understanding of abuse and neglect of older persons .
The role of elder mediators is to facilitate older people and their families with difficult discussions to make plans and to reach more equitable outcomes to their disagreements. Those outcomes can work for the older people, respect their rights and enhance their safety. Dr Cate Banks Mediator|Family Dispute Resolution Practitioner(AG accredited) |Mentor|Coach Tom Stodulka Mediator and Facilitator Rhonda Whitfield CHURCHILL Professional Services Governance |Mentoring |Dispute Resolution From time to time Solicitors and Mediators are contacted by separated parents and asked the question: I want to go to court but I need a S60I[1] certificate: How do I get one?
The rules about issuing a S60I certificate are contained in Part 7 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008. A s60I certificate must be in the form required by the Regulations and can only be issued by a person who has accreditation from the Attorney General’s Department as a Family Dispute Resolution Practitioner (FDRP). Evidence of such accreditation is to be given in the S60I certificate by the FDRP inserting his/her registration number. Whilst there is provision on the form for the inclusion of the FDRP’s surname and signature, the form has a footnote indicating that these requirements are optional. Before providing dispute resolution the FDRP must be satisfied that-
In making the assessment, the FDRP must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by a number of matters, including the safety of the parties. If the FDRP is not satisfied that family dispute resolution is appropriate, it must not be provided and a s60I could be issued, stating that it would be inappropriate. The FDRP must, contact the other party, at least twice, one of which must be in writing, giving a reasonable choice of days and times for attendance. The other party must also be told that if they do not attend family dispute resolution the FDRP may give a s60I certificate stating-
[1] The reference to s60I is a reference to s60I of the Family Law Act 1975. Note: This article was published in the April 2015 Newsletter of Family Law Network Australia www.flna.com.au Ageing population The proportion of elderly people in Australia has been increasing steadily in recent years. The 2011 Census identified that Older People (those aged 65 and over) comprised only 8.5% of the population in 1961, yet in 2011 they comprised 14%. As people age, they are confronted by declining health and increasing disability. The 2011 Census found that of the 537,00 Older People, 18% were identified as having a profound or severe disability with the number rising with increasing age. This ageing population, with the increased need for health care and other support is, or will be, an issue that more families will have to deal with. Care for Older People Whether the Older Person is living in their own home, living independently in a retirement village or being cared for in a nursing home, from time to time there are decisions that need to be made about how they can be cared for. In dealing with these issues, sometimes family members can't agree on the most appropriate course of action. When the Older Person is being cared for in a nursing home there may be differing views on the care arrangements between the family and the home administration. Issues that frequently require a decision include-
1. Share responsibilities. If you find that you are doing all the work caring for the elderly person encourage other people to help you. 2. Older Person's opinion. Help the Older Person make decisions about their best care. 2. Elder Mediation. Elder mediation refers to mediations where the issues have a particular impact on the Older Person. It is conducted in a manner that protects the interests and safety of Older Person. Often it includes a diverse group of people, the Older Person, spouses, siblings, other relatives, health care professionals, other carers, friends and neighbours Contact the Conflict Resolution Centre for more information about Elder Mediation. This article by Patrick Wedge appeared in the February edition of Proctor published by the Queensland Law Society From time to time we have a conflict within ourselves or with another person or even a group of people.
Mostly we are able to deal with this conflict ourselves, finding a suitable resolution, enabling us to move on with our lives. Sometimes however, the conflict is not resolved, which leaves us at risk of not being able to move forward. Dispute dynamics People who interact with each other when they are in dispute may be more focussed on arguing rather than solving the problem of their relationship. They may not be interested in resolving the dispute, preferring to "see you in court". They are invariably undergoing a process of grieving, frustration etc. and experiencing some or all of the following emotions:- shock, denial bargaining, despair and disorganisation, acceptance and reorganisation.[1] The order may vary with each individual. Unfortunately, without outside help they may get "stuck" in this situation and may not be able to move on to looking for a solution. People may focus on minor details of the issues that they are in dispute over, finding fault with the other party, highlighting past occasions where the other party has acted in a way that they do not like etc, rather than discussing how the dispute can be resolved. In life relationships, they can end up acting destructively towards one another.[2] In other words, they often fail to be aware of the dynamics of the conflict and how they are managing that dispute. Consequently, people may come to the mediation room still not completely solution focussed, which could detract from the outcome of the mediation. Without reflecting on the competence of the mediator, they may miss the opportunity to help parties progress as, during mediation, they only see a slice from a day in their journey towards resolution.[3] Parties may put on their best behaviour for the mediation session. For instance one person told me during Intake that, notwithstanding the other party's aggressive and otherwise bad demeanour, they were confident that in the presence of a third party the other party would behave appropriately. Conflict Management Coaching One way of assisting people improve their management of the conflict is for them to be coached.[4] Conflict Management Coaching helps clients improve the way they handle their conflict to help them achieve their goals about the conflict. One model of Conflict Management Coaching is the CINERGY coaching model, the model I follow for coaching clients. The CINERGY model [5]is a one-on-one, seven stage process which enables the client to:
Coaching isn't necessarily limited to just one session. Depending on the client's needs, such as their emotional situation and time limitations, e.g. work commitments, multiple sessions may be more appropriate. Having more than one session allows the client to review their goals and readjust them in the light of their experience in implementing their earlier strategies. Conflict Management Coaching can be useful in workplace disputes, business dealings, family disputes and other areas where there is interpersonal relationships. It may be a step on the way to a mediation or a stand-alone activity to assist a person generally gain more competence in managing their conflicts. In the context of mediations, the parties that I have coached have responded favourably to the process, indicating to me that they have gained better insights into the dynamics of their conflict. A client, after one session, was enthusiastic about her discoveries and had formed new goals in managing her conflict. Another tool for the Alternative Dispute Resolution Practitioner Conflict Management Coaching is another option for Alternative Dispute Resolution Practitioners to have in their tool kit for use by clients working toward resolving their conflict. Conflict Management Coaching is not for everyone and it must be stated that such coaching is not therapy nor is it counselling. If those interventions are required the client should be referred to an appropriately qualified professional. [1] L Boulle and M Nesic Mediator Skills and techniques: Triangle of Influence (Bloomsbury Professional) p53 [2] L Fisher and M Brandon Mediating with Families (3rd ed, Law Book Co 2012 ) p77 [3] S Marsh http://www.adrr.com/adr4/cycle1.htm [4] L Boulle and M Nesic Mediator Skills and techniques: Triangle of Influence (Bloomsbury Professional) p84 [5] C Noble Conflict Management Coaching The Cinergy Model (2012 Cinergy Coaching p111 |
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