MEMO

TO:	DMS Contacts	
		
FROM:	Shirli Kirschner	
DATE:	9 May 2003	
SUBJECT:	Dispute Resolution Project Plan. (Report to DMS contacts no 4)	

1 	Background
As you are aware my retainer expired at the end of March. I attach a list of the documents and forms that have been completed to date and those that are well on the way to completion.  
I have now been retained by NECA as the adviser for a period commencing 1 May with a review at the end of 6 months (you may want to look at the formal announcement on the NECA web site). There are a number of matters that I would like to concentrate on finalising over the next period. 
2	Project plan
You will see from the attached list that over the last 9 months I have concentrated on finalising the DMS practice notes and the DRP process in Stage 2 and all the associated documentation. The rationale for this was to ensure that if a dispute commenced that it could be finalised efficiently and smoothly.  The processes were tested in the Sithe v Integral dispute and changes made.  An amended version of the DRP agreement and the Stage 2 practice notes will be distributed shortly (see project plan.) 
For the next 6 months I would like to focus on ensuring:
•	Publication of the DMS’s that have been completed
•	That resources are in place for private consensual resolution in stage 1 – including a mediator panel, mediation agreement, user note for parties and lawyers. 
•	That there are resources for Private decisional resolution processes in stage 1, DMS including user notes on using decisional processes in stage 1.
•	Code consultation on the procedures to be used to deal with the use of confidential information in a dispute context.
•	Clear communication with DMS contacts re disputes, updates and what resources are available.
3	Feedback
I am keen to touch base with the DMS contacts to get input on the project so far and any suggestions and needs that you have for going forward. In particular your views on the eroom, the format you would like to get the documents in, any training or information needs and how best to undertake the consultation about confidentiality.
I was planning to do a report at the NEMMIF in June and to set up a DMS contact meeting for June in each of Adelaide (2 June from 9.30am – 11.30am), Melbourne (2 June 3.00 – 5.00pm) Sydney (3 June from 3.00pm – 5.00pm) Canberra (11 June from 3.00pm- 5.00pm) and Brisbane (23 June 9.30-11.30am). A copy of the draft agenda and registration is attached.  
I would appreciate it if you could complete and return the form by 20 May 2003. 
Please let me know if you would be willing to host the meetings at your offices. 
Please feel free to call or email me with any comments or questions that you might have.
Kind regards

Shirli Kirschner
NECA Dispute Resolution Adviser
Agenda

1.	Feedback on Documents and forms distributed to date (see list). (20 mins).
2.	Adviser information: Stage 1 Consensual v decisional processes what to think about. (40 mins).
3.	Tea breaks (10 mins).
4.	Discussion of proposal for going forward and training needs (20 mins).
5.	Discussion about the scope and timing of the consultation on confidentiality.
Close
Logistics

Adelaide: 	2 June	9.30am -11.30am
Melbourne: 	2 June 	3.00pm - 5.00pm
Sydney:  	3 June 	3.00pm - 5.00pm
Canberra: 	11 June	3.00pm - 5.00pm
Brisbane:	23 June 	9.30am - 11.30am

Venues to be advised

1	Finalise Notices and User Notes
Task	Steps	Date due	
1.1 DRP agreement	Integrate comments from the DRP and PF and send to DMS contacts	Week of 19 May	
1.2 Stage 2 User notes	As above. Also add a section on the NECA adviser process	Week of  19 May	

2	Finalise DMS Guidelines
Task	Steps	Date due	
2.1	Publish DMSs	Review DMSs provided and ask for permission to put on eroom	Week of 26 May	
2.2	Checklist for use of decisional processes in a DMS	Discuss needs with DMS contact	TBA	

3.	Consensual Processes
Task	Steps	Date due	
3.1	Mediation guide 	Reviewed a number of guides, seek permission from Sir Laurence Street to use 	Week of 26 May	
3.2 	Mediation Nutshell for corporate counsel and legal advisers	Draft to be sent for comments and feedback	Week 19 May 	
3.3	Mediation agreement 	Draft to be sent to PF to settle and then to DMS contacts	Week of 19 May to PF, June meetings	
3.4	Mediation confidentiality agreement	Draft to be sent to PF to settle and then to be part of the Code consultation on confidentiality	Week 19 May then June meetings	
3.5	Set up a pool of mediators	Terms to be discussed with DMS contacts in June meeting.	June meetings	

4.	Communication and dissemination of information.
Task	Steps	Date due	
4.1 	Review eroom	Feedback from DMS
Cost review	June meeting and feedback forms	
4.2 	CD roms or book	Investigate preferred choices	As above	
4.3 	Other feedback mechanisms	Discuss the best means for communications, video, meetings, NEMMIF other, frequency.	As above	
4.4 	Revised Project plan	Update the boxes after discussion at the June meetings		

5	Code Consultation on Confidentiality
Task	Steps	Date due	
5.1	Terms of Reference and timetable	Consult with DMS contacts and NEMMCO and agree on what issues are to be included in the issues paper and a timeline that works for the DMS contacts	June meeting	

6	Training Needs
To be met as identified by DMS contacts