The National Personal Properties Security Register

The Personal Properties Securities Act(PPSR) came into full effect on Friday 31 January 2014 after two years grace.

The new national register has replaced 24 state based registers.

The PPSR is now the single source of data nationally  for proof of ownership for any personal property, ranging from cars, to mortgages and equipment.

The register has created additional red tape for businesses.

According  to today's Financial Review from which this article is drawn, business groups and lawyers say  that in practice the legislation has introduced new definitions of ownership which have led to confusion.

While the idea of a single register seems to generally have been welcomed, the changes are apparently having an impact not readily understood.

Insolvency lawyer Morgan Kelly of Ferrier Hodgson is quoted as saying that he had dealt with several cases in the past two years where companies were unaware of the new laws and lost title to their equipment.

It would clearly be prudent for anyone who may be affected by the new laws to seek advice or try to acquire some knowledge of the new laws to protect their position.

Perceptions and Stories

Eric and Fran are in conflict.

They've always had a hard time working together, but lately the frustration and tension has spilled over to colleagues and family members on each side.

Fran catches you first, her story emerging in messy, manic detail. Eric, she claims, is acting unreasonably. He is incompetent and he is being childish.You know you are only hearing Fran's side of things, but still, you have a hard time imagining how Eric could explain his behaviour. It seems inexcusable, and you tell Fran she is right to be so upset.

Eric calls you later that day. He says he doesn't want to speak ill of Fran, but demands that you hear his version of what happened. You listen, as Eric describes what "really happened, " and you soon find yourself confused. Eric, it seems, is the real victim here. You try to resist the urge to take Eric's side, but give in: "you are right to be so upset, you tell him.

Moments later, you get an email from a mutual friend, who asks if you know anything about what is going on between Eric and Fran. " I've spoken to both of them," you write, and then realize that you simply haven't figured out how to reconcile what you've heard so far. You know both Fran and Eric well enough to know that neither is lying, or even intentionally shading the truth.And yet their descriptions of the dispute could not be more different.

The Brain as a Story-Based System

What's going on? Artificial intelligence researcher Roger Schank puts it well: "Human memory is story-based." Far from simply reflecting or recording reality, our minds engage in a complex interplay between what we perceive and what we already know, unconsciously adding and deleting information in the service of the story. Disputes occur when the stories we tell about what's happening-who's right,what's fair, who's to blame-diverge.Each side retreats to their own narrative which describes their experience of "reality," and the dispute intensifies.

Extracted from Heen & Stone" Perceptions and Stories"; The Negotiator's Fieldbook at p 343.

Property Market

Almost weekly if not more frequently we are being made aware of surveys predicting rises in property prices  for 2014.

In today's Financial Review we are told that property is in for a bumper year, with higher prices, increased building and more jobs according to a new survey.

The bullish outlook, based on the views of 2500 property professionals, is apparently the strongest recorded in the four-year history of the Property Council-ANZ Property Confidence Index.

Property Council chief executive Peter Verwer said expectations of house-price growth and new housing construction were driving a strong increase in confidence.

ANZ head of property research Paul Braddick said momentum would continue into 2014.

More solid house-price growth is expected in 2014, led by Queensland.

Mr Braddick predicted the national median house price would rise around 6 per cent , with rises of up to 7.5 per cent in Sydney and Brisbane.

All sectors are expected to be positive.

It is expected that the upturn will flow through to the broader economy, through employment in construction, through increased stamp duties for government and from the wealth effect on consumer spending.

This excerpt is based on an article entitled "Housing bulls run rampant into 2014", in the property section of the AFR of 16 January 2014.

PEACE TALKS - What Yeronga State High School can teach us all about success.

In Brisbane five days ago the QSuper Showcase Award for Excellence in the Senior Years was awarded to the Yeronga State High School.

It was reported that "Yeronga State High School is going 'From the bottom to the top', turning poor perceptions and one of the state's lowest OP rates into one of Queensland's best with every OP eligible student getting an OP one to 15. Welfare and cultural support is helping boost academic results with community partnerships, a range of pathways and a special hub for seniors in a school where three-quarters of the 600-strong student population hail from more than 55 nations".

Most significantly, the school's Principal, when interviewed on 612 ABC this week, stated that he attributed the school's amazing turnaround to the pursuit of three principles which underpin everything done within the school community.

They are:

• Quality;
•  Harmony; and
• Sustainability

It occurred to me that these principles also summarise our philosophy at Brisbane Mediations. 

• We always aim to provide a quality service, with the best possible outcomes for our clients.
• We, by our very existence, promote harmony - in relationships, families and business.
• We want outcomes for our clients which will be sustainable and stand the test of time.    

Could these three principles - if applied by a majority of people in a range of settings and situations - make a significant positive difference to our society and our lifestyle?  We think so and issue the challenge to all to give it a try. Please let us know how you go.

 

Denise Britton 

Principal Brisbane Mediations

Mediation Matters-What is mediation all about?

Parties sometimes get confused as to what Mediation is and what we do.

To take the example of a couple with a family law dispute, we initially have a confidential intake with each party.This usually takes one hour and enables us to explain the process, develop some rapport with the party and gain some insight into his or her perspective of the dispute.

If one party approaches us then we will usually have an intake with that party and if we consider the matter suitable for mediation, will invite the other party to also participate in a confidential intake.

If both parties are happy to attend mediation then we will proceed to schedule a four hour mediation, usually but not always on a separate day.

We are neutral and independent.The way that I normally explain "independence" is that I have had no previous connection or association with either party and by "neutrality", that I am not on anyone's team.It is absolutely vital that the mediator retains this independence and neutrality throughout the mediation.

As mediator, I use my experience and skills developed over a long period to help the parties resolve their dispute without needing to go to court for an outcome.If successful then the parties will save substantial legal costs and the stress and delay arising from court proceedings.The parties also have a better chance of being able to communicate in the future if they can keep their dispute out of court.

The mediation usually goes for four hours, however if the parties feel they are making progress then they can extend the time.

Usually the mediation is conducted by a single mediator, however we recommend a co-mediation model in some circumstances.Some of our mediators come from a legal background and some from a social science background and each has particular skills and training which they can bring to the mediation.We also offer a child-inclusive model and this is an option that parties sometimes want to explore particularly with older children.

We are happy to explain all our processes in detail so that parties come to the table with a good understanding of what is involved and how we will conduct the mediation.

Our job as mediators is to help the parties reach a resolution.We are not "pretend judges" and it is not our role to make decisions for the parties.

If the parties have engaged lawyers then we welcome the involvement of the lawyers in the mediation.It is entirely a matter for the parties if they want their lawyers to be involved and we are happy either way.

The total cost for two intakes and a four hour mediation is $2310 including GST and this can be shared between the parties.

In future blogs, I will share more information about our processes.

I also invite you to look at our website www.brisbanemediations.com.au

Help in resolving your dispute is only a phone call(07 3839 7400) or email(resolve@brisbanemediations.com.au) away.

Mike Emerson

Mediation Matters-Importance of the Mediation intake.

The intake is possibly the most important part of a mediation and can often determine or contribute to the ultimate success of the mediation.

The intake is a time set aside for the mediator to get to know a party and that party's perspective of the dispute.

It provides an opportunity for  the mediator to explain the process and to try to get to know the background to the dispute and the underlying issues that may be impeding a resolution.

Most importantly, it is an opportunity for the mediator to develop a rapport with and gain the trust of the party.This rapport and trust is an investment in the outcome.When things get tough in the negotiation the same rapport and trust will assist the mediator to guide the parties to an outcome.  Once the parties have trust in the mediator, the chances of a successful outcome increase as they are more likely to value any guidance that the mediator offers.

It is important that both parties feel that the mediator is listening and that they have been heard.

At Brisbane Mediations, we try to organise the intakes on a separate day, prior to the mediation itself.This enables parties to go away and mull over what the mediator has said before the mediation occurs.It also enables them to become familiar and more comfortable with the process before the actual day of the mediation.

Sometimes, it is not possible to organise the intakes earlier than the mediation day, however we consider it preferable to do so.

Another advantage of an earlier intake is that it enables the mediator and the parties to determine if mediation is the most suitable process for those particular parties and that particular dispute.Making an assessment of whether parties have the capacity to mediate is another important aspect.

Sometimes parties may want their legal representative to attend the intake and while this should never be discouraged, I generally tell each party that although their legal representative is present, it is really the party's opportunity to tell their story and for us to get to know each other. I usually say that by the end of the intake, I hope that the party not only understands the process but knows me and what I do better and that I have a good understanding of the party's perspective. Of course, while not stifling the party, the lawyer can often add vital information that assists the mediator.

The intake is also a good opportunity to ascertain whether there have been previous attempts to resolve the dispute and how successful those attempts have been. A mediator well known to me makes it his business to ask each party and, if present their lawyers, to say why they think that the dispute has not settled to that point.

Parties need to understand that their discussion with the mediator in the intake is confidential unless one or more of several exceptions apply.  These should be carefully explained, so that the party can proceed with confidence that what they say to the mediator won't be divulged to the other party without their permission.

In summary, the intake is a most important tool for the mediator and should never be undervalued.

Cuts to Family Court-Impact on court delays.

In the lead up to the federal election, the coalition announced a planned $30m cut to Family Court processes in its final costings. According to the Financial Review of Friday 20 September 2013, the president of the Law council of Australia will write to the new Attorney-General George Brandis, QC to ask where the proposed cuts to the Family Court will come from. Rick O'Brien,chair of the Family Law Section of the Law Council was quoted as saying that the Family Court and the Federal Circuit court "are both already under-resourced" and it was taking too long for casesto go through the system. Mr O'Brien noted that the Federal Circuit Court,Family Court and Western Australian Family Court are struggling with workloads and delays are at "an unacceptable level". As Mediators, on a daily basis we face concerns of parties about delays in the court system and the impact of these delays on their lives. Court delays are a major reason why parties try to avoid the court system and look for a resolution which enables them to move forward with their lives.This will increasingly be the case if the already stretched courts are asked to deal with further pressure on their resources. the only clue given by the coalition to it's proposals was an indication that it proposed to "streamline Family Court processes". At this stage it is not clear what is intended by this inclusion in the coalition's costings.