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The Trillium Group is named after the Canadian woodland plant which bears three distinct petals symbolising the synergy of the three parties involved in mediation.

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steve@thetrilliumgroup.com.au

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contents

1 career summary 2 qualifications, accreditations, appointments, associations 3 professional education & development 4 specific experience & practice areas 5 training courses conducted 6 publications & seminars 7 professional services 8 referees 9 contact

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1 career summary

Fifteen years’ experience in mediation and arbitration has established Stephen Lancken as an internationally regarded practitioner, trainer and publisher in all areas of alternative dispute resolution. In May 2008 Steve was honoured to be appointed to the National Alternative Dispute Resolution Advisory Council by the Attorney General of Australia, the Honourable Robert McClelland MP. His initial association with ADR processes occurred during full time practice from 1981 as a litigation lawyer in Sydney, when his work covered Commercial Litigation; Aviation Law; Insurance; Professional Indemnity & Personal Injury; Native Title; Sports & Sponsorship; Wills & Estates; Property, Leases, Rural Issues & Farm Debt; Industrial Relations; Community Consultation; Workplace Disputes; and Employment Law (including discrimination, harassment and Workers Compensation matters). Several ADR appointments during this time underlined for him the practical wisdom of assisting clients to avoid litigation and in 1999 led him to commit fully to mediation and arbitration as the future of dispute resolution. His formal study in ADR encompassed programs conducted by Harvard University (the globally recognised centre for ADR), The Trillium Group, The Australian Commercial Disputes Centre and LEADR. His services have subsequently been engaged widely by companies and organisations keen to foster a collaborative culture and benefit from the corporate esteem associated with it. These include Qantas, Pacific Brand, Australia Post, EPA Victoria, Alcoa and The Australian Industrial Relations Commission. His extensive knowledge has now positioned Stephen as a renowned designer of ADR systems and this knowledge has been complemented by expanding his practice into skills training. Since 2000 he has taught mediation and conflict resolution skills with the Trillium Group, Australian Graduate School of Management and Global Mediation Services. Stephen is actively and closely involved with the skills development processes required to practice ADR. His strong commitment and contribution to his vocation are demonstrated by his professional appointments and associations, his publications and his training seminars. “I’m profoundly grateful for my experience as a mediator, arbitrator and lawyer on three continents – it’s brought a dedication to lifelong professional study on

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the theory and skills of ADR practice”, Stephen says. He argues passionately the practical benefits for clients of mediation and principled negotiation and he sees immeasurable benefits for individuals, families and commercial relationships. “The savings in time and monetary outlay are always substantial and often extraordinary; and the chance to promote better communication between people and help them rebuild and strengthen uncertain relationships is immensely rewarding”. Stephen Lancken’s ADR Training and System Design capabilities are detailed at www.thetrilliumgroup.com.au, a global network of ADR companies based in Toronto, Canada, of which Stephen is the Australian Principal.

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2 qualifications, accreditations, appointments,

associations qualifications Bachelor of Laws and Bachelor of Arts University of NSW 1981 Accredited Specialist: Mediation & Commercial Litigation Law Society of NSW

accreditations Arbitrator and Accredited Mediator Institute of Arbitrators and Mediators Australia

Accredited Mediator ACDC/LEADR/Retail Tenancy Unit Accredited Farm Debt Mediator Accredited Mediator Hong Kong International Arbitration Centre

Mediator Law Society of New South Wales

appointments (return to text) National Alternative Dispute Resolution Council (NADRAC) May 2008 Attorney General of Australia Chair Settlement Week Steering Committee , Law Society of NSW Adjunct Lecturer Australian Graduate School of Management Arbitrator District Court of NSW & Local Court of NSW 1984 - 2005

Mediator Supreme Court, Land and Environment Court, District Court and Local Court (NSW)

Costs Assessor Supreme Court of NSW 1994 - present

Arbitrator and Mediator Workers Compensation Commission of NSW

Mediator Retail Tenancy Unit (NSW)

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Conciliator Health Care Complaints Commission NSW Chair Independent Property Impact Assessment Panel Cross City Tunnel and Lane Cove Tunnel

associations return to text

Member Law Society of NSW

Fellow Australian Institute of Company Directors

Associate Member Chartered Institute of Arbitrators Member LEADR (Lawyers Engaged in Alternative Dispute Resol ution)

Member Dispute Resolution Committee Law Society of NSW 2000 to 2005

Member Litigation Law and Practice Committee Law Society of NSW 1998 & 1999

Member Corporate Lawyers Association

Member Australian and New Zealand Sports Law Association ( ANZSLA)

Member Insolvency Practitioners Association of Australia

Member Mediation Group Hong Kong International Arbitration Centre

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3 professional education & development Australian Institute of Company Directors Course 1997 Mediation Workshop Harvard University Law School 1994 Advanced Arbitration Course Institute of Arbitrators Australia 1994 Intensive Mediation Course Australian Commercial Disputes Centre 1990

ADR Workshops Levels 1 & 2 The Trillium Group, Sydney 2000 Specialist Accreditation Mediator and Commercial Litigation 1994

“I am personally committed to continuous development and attending professional conferences and seminars annually. My accreditations require me to undertake at least 20 hours continuing education a year and I always exceed this minimum”.

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4 specific experience & practice areas

■ Mediation and arbitration in numerous commercial, professional, partnership, lease and property disputes (including a multi-million dollar dispute in family businesses)

■ Conciliation of doctor/patient disputes for the Health Care Complaints Commission of NSW

■ Conciliation and arbitration for a large number of Workers Compensation matters ■ Advocacy, mediation and arbitration in building, construction and general

commercial matters (including a multi-million dollar building claim heard over 15 days and a major power station construction)

■ Facilitated dialogue and community consultation for local and state government agencies (including dispute resolution with community and special interest groups)

■ Mediation and arbitration of numerous disputes over work grievances, discrimination, wrongful dismissal and workplace abuse (in corporate, school, hospital, club & government agency environments)

■ Mediation of land issues between Native Title claimants, pastoral lease holders

and a state government ■ Negotiation of Enterprise Bargaining Agreements

■ Sports Law (including Tribunal Chair, hearing an appeal against a failed Olympic Games selection; mediation of a dispute between a national sports body and a sponsorship partner; and mediation of a dispute concerning the trainer's fee for a thoroughbred racehorse)

■ Chair of the Independent Property Impact Assessment Panel (IPIAP) for the Cross City Tunnel and Lane Cove Tunnel Projects in Sydney

■ Mediation between a state owned resource corporation and a contractor alleged to have negligently caused $6.5 million damage to corporation assets

■ Mediation of a dispute between a telecommunications supplier and a third party

vendor

■ Conduct as a mediator and arbitrator of numerous matters for claimants and defendants in personal injury and insurance law (including multi-million dollar personal injury disputes, medical negligence, Lawcover, product liability and occupier's liability cases)

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■ Mediation of many debt and insolvency disputes, acting for a number of Sydney insolvency practitioners in a variety of case types (including significant bank debt recovery actions arising from rural and general commercial lending)

■ Many mediations involving issues of property estates and retail leases (for example, a dispute over a will involving significant assets including real estate, bloodstock and a share portfolio)

■ Panel Member in the Retail Lease mediation scheme

■ Construction disputes including $50 million dispute relating to construction of a power station.

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5 training courses conducted Conflict Management (Master of Business Administration) Australian Graduate School of Management Five-day Personal Injury Mediation Course Hong Kong Law Society

Coaching and Assessing of Mediators Three ADR Courses Construction Industry, Development Board of Malaysia; Hong Kong Internatio nal Arbitration Centre (Mediation Group)

Training and Assessing of Mediators The Accord Group; Law Society of NSW; Institute of Mediators and Arbitrators; Global Medi ation Services

Representing Clients in Mediation College of Law; Coudert Bros Lawyers

ADR, Advanced ADR & Applied Negotiation Workshops; The Trillium Group (Toronto, Vancouver, Canada, Sydney, Perth, Brisban e, Canberra, Townsville & Melbourne)

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6 publications & seminars

publications AS 4608: Standard for the Prevention, Management and Resolution of Disputes Australasian Dispute Resolution Journal feb 2001

ADR for Insolvency Practitioners The Insolvency Bulletin dec 2000

The Preliminary Conference: Option or Necessity? Australasian Dispute Resolution Journal aug 2000

The Benefits of Mandatory Mediation Lawyers Weekly aug 2001

Compulsory Mediation in Asia Asian Dispute Review sept 2001

Litigation: Is refusing to mediate worth the risk? Law Society Journal apr 2004

Mediation: What cases will a court refer to mediation over the objection of one of the parties? Law Society Journal sept 2002

The responsibility of the neutral party in respect of mediation confidentiality ADR Bulletin july 2004

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seminars Part 7B, Supreme Court Act 1970, Reference to Mediation College of Law

Innovative Dispute Resolution for Corporations Australian Corporate Lawyers Association

‘Compulsory’ Alternative Dispute Resolution Young Lawyers, Law Society of NSW

ADR and Medical Negligence NSW Legal Conference Representing a Client in ADR College of Law

ADR Processes for Personal Injury Cases College of Law ADR Processes in Commercial Litigation College of Law Winning the War without the Battle Sparke Helmore What You Should Know About Mediation Master Builders Association of Malaysia

Is Litigation the Answer? Law Society Specialist Accreditation Program

Personal Injury Revisited College of Law

Preparation and Management of a Civil Trial: ADR Issues College of Law

ADR for Medical Negligence Disputes NSW Legal Conference Environmental ADR Law Society of NSW

Mediation Demonstration and Panel Discussion Young Lawyers The Art of Settlement College of Law Mediation Demonstration and Update Lighthouse Club of Kuala Lumpur

Improving Your Practice with ADR NSW Legal Conference Court Ordered ADR: Does it Work? Hong Kong Mediation Council

Workers Compensation State Legal Conference (NSW) 2001 to 2005

Negotiation for Lawyers State Legal Conference & College of Law

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7 professional services Stephen Lancken assists individuals, families and businesses to more fully perceive their real interests and thereby develop ethical, enduring resolutions to problems. He offers comprehensive communication services in: ■ principled negotiation & training ■ mediation, arbitration, conciliation ■ corporate ADR systems design ■ independently facilitated community consultation

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Steve Lancken is a pragmatist. Many ADR providers rely on essentially theoretical or judicial experience. Steve Lancken’s expertise is based in the solid reality of business decision making. And because there is virtually no corporate environment in which he hasn’t contributed, his expertise delivers tested and lasting results. “From modestly sized firms to major global enterprises, the trust our international and Australian clients place in our capabilities and delivery is a matter of great professional pride”, he says. “And we work hard to earn it. It’s my goal to work in a way which assures clients we understand their unique business culture”. Stephen Lancken welcomes your enquiry or request for a full Client List and Capability Statement (contact).

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8 referees Sir Laurence Street formerly Chief Justice: NSW Supreme Court

Judge Peter Johnstone District Court of NSW Geraldine Daley Councilor: Law Society of NSW

Judge Margaret Sidis District Court of NSW

Gerri Ettinger Member: Administrative Appeals Tribunal Paul Gibbeson formerly Group Secretary: St George Bank Ltd Peter Caves Manager Credit: Primary Industry Bank of Australia Paul Reidy Partner: Johnson Winter & Slattery Tim Frampton ANZSLA & National Sports Dispute Centre Michelle Harpur Partner: Swaab Attorneys Allan Stitt The Trillium Group, Canada Candace Barron Deputy Registrar: Retail Tenancy Unit Sydney Michael Dawson Barrister

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Suite 320, 185 Elizabeth Street Sydney NSW 2000

tel (+612) 9036 0333, 0418 272 449 email: steve@thetrilliumgroup.com.au

i’net www.thetrilliumgroup.com.au

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