Bruce Dodd, the Mediation Table and BOLA

What are the keys to success in commercial mediation??

How do we overcome the intractable opponent?

These were some of the questions put to Bruce Dodd when he led a conversation for Band of Leaders Australia (BOLA) members entitled The Mediation Table at the group’s monthly meeting on Friday 15 November at Casa Nostra in Osborne Park.

BOLA is a peer membership group for business owners and chief executives.? We seek to take our members beyond achievement to success—the essence of leadership.? Inviting Guest Conversations is a key activity in our group meeting.?

Now an Executive Director at CCMS, Bruce was partner-in-charge of the Perth office of the legal firm that is now King Wood Mallesons, where he specialised in dispute resolution in financial services, insolvency and professional indemnity insurance.?

He was the legal adviser to the liquidator of a company central to events that led to the 1990s WA Inc Royal Commission into the public-private partnerships focusing on a major loss of public money and the insolvency of several large corporations

From 2009-2014, Bruce was Regional Commissioner of Australian Securities and Investments Commission (ASIC)—the Government body that regulates the financial system—where he headed up the corporate area focusing on mining companies, financial services and corporate investigations.

He was also a Non-Executive Director at Bethesda Hospital for 11 years and chair of Trinity Theological College for 10 years.?

Bruce told the meeting that in the commercial or corporate arena dispute resolution involves many shades of grey, not the usual black and white of the law.? This means most matters are subject to interpretation of intent.?

Success in this context is built on proper communication, meaning that opposing lawyers need to get together, as do the clients—to co-operate and dial down any aggression.? Only then is genuine mediation possible.? Despite today’s capabilities for remote meetings, mediation should, wherever possible, be conducted in-person—to allow for reading of body language, the expression of expectations and for relationship development.?

With regard to intractable opponents in mediation, Bruce said that “You have to take the other side with you.”? He added that most cases are resolved without going to court. If you are dealing with a junior lawyer, a word to their senior might be in order. Always, the 2 tools always are the facts and the law. Also, time and costs will usually modify anyone’s sense of unshakable rightness.? “And,” said Bruce, “when pride gets in the way of objectivity, it becomes problematic.? If you see something rocky ahead, you should, in most circumstances, act on it as early as possible.”

This also applied to the client side—in instances of intractability, it is vital to have established a strong relationship by establishing what your role as the lawyer really is, telling them about the context of the law and building an understanding of the “melting pot” of facts.

“Above all,” said Bruce, “it’s important to never take anything personally, to maintain an objective view and tell your client the way it is. Trust is vital and is best achieved by honest communication.”

Bruce originated from Zimbabwe, and since arriving in Perth in 1985, he has gained a wealth of experience in corporate law in most Australian jurisdictions.?

Much of what he does today involves commercial mediation.? He has significant board experience as an adviser, member and chairperson.? He is a LEADR/IAMA certified mediator currently acting as Executive Director of CCMS Perth, providing corporate commercial dispute mediation services.

Bruce also runs a small farm in Denmark with 30 head of cattle. He otherwise lives in the southern suburbs with his wife Gilly.? Their daughter and 2 sons have presented them with 7 grandchildren.

BOLA members will next meet on Thursday 12 December, again at Casa Nostra in Osborne Park.?

Typically, our agenda also includes the processing of strategic opportunities raised within the group, wide ranging business discussions, as well as leadership development tools and activities.

Prospective members and referrers are invited on request as Paul Manning is continuing to build his BOLA Growth group.

In the meantime, each BOLA Prime member will have a monthly coaching session with their BOLA Chair, Jeff.

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Next week:? What is Beyond Purpose?

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About the Author

Jeff Bell?is Principal of executive consultancy ResultsWise in Perth, WA.?To boost your leadership, ask Jeff about Band of Leaders Australia (BOLA) [email protected] and his consulting, coaching and strategy facilitation, or his Advanced Leadership Course [email protected] Mobile 0439 988 662. ????