MEMO

TO:	DMS contacts	
FROM:	Shirli Kirschner	
DATE:	20 October 2003	
SUBJECT:	Dispute Resolution Update report to DMS contacts No (6)	
Dear all
The purpose of this note is to update you on what I have done since July 2003 when I sent you report 5. 
1	Finalisation of User Notes and Forms.
All completed documents and forms have been sent to you by email (8 July) and are also consolidated with an index on a cd-rom.  Please let us know if you have not received a copy. In addition I have finalised the following:
1.1	DMS Publication
We have received and published a number of organisation’s DMS guides on the CD-ROM.  Thank you to all those who volunteered. 
1.2	Mediators and Legal experts
I have had a number of approaches on recommendations for experts and mediators for Stage 1 dispute resolution.  A number of DMS contacts have suggested that it would be useful to have access to neutrals and their cvs without calling me. In part to meet this request I have been involved in setting up a list of ex-judicial members who are available to provide mediation and also determination on legal issues.  Their credentials and cvs are available at www.disputeresolution.net.au. You can also use the mediation agreement and the ‘what is mediation user guide’ to support the process.
2.	Training
Training took place in Melbourne on 14 August and included ‘a day in the life of the DMS’ and a selection of sessions in the afternoon.  It was well attended and great fun so thank you.
3.	Disputes 
There has been one dispute since the last report and that was the PDU and Powerlink dispute under Chapter 5 of the Code. We spent some time in the June meetings discussing the merits of a wide notification protocol for disputes. The notification of the PDU dispute was provided to DMS contacts by email as well as being published on the NECA web site and NEMMCO market notice.  This took into account the suggestions made at our last meeting. I am pleased to report that there were about 5 phone calls and 3 emails asking for more details in relation to the dispute which suggests that the extended notification protocol was successful.  
A separate report was sent to the DMS contacts following the termination of the dispute. I will be providing a report and answering question about the learnings at the next NEMMIF on 30 October. 
4.	Confidentiality
The major items outstanding are the web- site which is in progress and the consultation on confidentiality. 
Clause 8.2.10(c) of the Code provides:
“NECA must in accordance with the code consultation procedures, develop and issue guidelines relating to the confidentiality of information obtained used or disclosed for the purpose of resolving a dispute to which clause 8.2 applies.’
I have had a number of discussions with DMS contacts on this topic at our June meetings.  Confidentiality questions have also been raised in the two disputes under the new system.  A time-table and some thoughts to consider will be provided to you later this week.
5.	General
I will be setting up a video link for us to touch base generally before the year ends.
In the interim I welcome any calls, questions or feedback.
Kind Regards
Shirli Kirschner
NECA Dispute Resolution Adviser