Learning & events

Resolution Institute International Conference - Masterclasses

with Dr Samantha Hardy, Lucy Martinez, Hon. Michael McHugh AC QC, and Justin Toohey

Thursday 6 October 2022 | 1pm – 4.30pm AEDT | Sofitel Sydney Wentworth, 61/101 Phillip St, Sydney NSW 2000

Masterclass 1: Working with emotions in conflict – new research and techniques
Thursday 6 October | 1pm - 4.30pm AEDT

Much of our current understanding of emotions and how they work has been challenged by recent research. For example the ideas about the emotional brain and the rational brain, and universal facial expressions of emotions have been significantly updated (and in some cases soundly disproved) by researchers like Lisa Feldman Barrett.

Despite this, we tend to default to popular culture understandings about how we experience emotions and how best to work with them in conflict. There is so much more we can do to work with emotions in conflict. This session provides a brief overview of some of the most recent research into emotions and introduces some practical tools for conflict resolution practitioners to increase their capacity to support clients in conflict.

This masterclass will challenge existing understandings about how emotions are created and how best to manage them. It goes beyond the common “fight or flight” and “keep calm and carry on” ideas, to introduce nuanced strategies for supporting clients to understand, regulate, and express their emotions in a way that supports constructive conflict interactions.

You will leave this session with a whole new understanding about the role of emotions in conflict and some practical tools to help clients work with them effectively.

About our trainer

Dr Samantha Hardy

(Speaker) CCI Academy, Conflict Management Specialist

Sam provides coaching, conflict support and training to leaders across the world. Sam has been accredited as a mediator under the Australian National Mediation Accreditation System. She is a certified Transformative Mediator by the US Institute of Conflict Transformation. She is also a Certified Narrative Coach, an experienced conflict management coach, and the founder of the REAL Conflict Coaching System™. In 2021 Sam was awarded the Resolution Institute Award for Service to Dispute Resolution for her leadership and innovation. She has a PhD in Law and Conflict Resolution, as well as other postgraduate qualifications in adult education. Sam is a well known trainer and university educator, holding adjunct appointments at universities in Australia, Hong Kong, Singapore and the USA. Sam has also published widely in conflict resolution, including her books: Dispute Resolution in Australia; Mediation for Lawyers; Sex, Gender, Sexuality and the Law; and Conflict Coaching Fundamentals: Working with conflict stories.

You will leave this session with a whole new understanding about the role of emotions in conflict and some practical tools to help clients work with them effectively.

Masterclass 2: Award writing for determiners

Thursday 6 October | 1pm - 4.30pm AEDT

This masterclass will look at the theory and practice of drafting arbitration awards, and will address the legal framework (eg New York Convention, Australia’s International Arbitration Act, and recent case law) together with practical tips, checklists, and sample arbitration awards.

About our trainers

Lucy Martinez

Independent Arbitrator & Counsel, Martinez Arbitration

Extensive experience sitting as arbitrator (sole, co- and presiding) in ACICA, HKIAC, ICC, LCIA, and SIAC disputes, including in expedited proceedings, governed by laws of Australia, England, Hong Kong, India, Singapore, and Thailand; advising and representing private and sovereign clients in international disputes relating to investment treaties and contracts, including in AAA, ICC, ICSID, LCIA, UNCITRAL, and ad hoc arbitrations; reviewing draft dispute resolution clauses in contracts; and advising on various international pro bono projects. Industry experience includes banking, construction, energy (oil, gas, electricity, mining), finance, gambling, hospitality, hotel management, insurance and reinsurance, leisure sectors, life sciences, satellite technology, shipping, sports, supply of goods, telecommunications, and trademarks. Sessional Lecturer in International Arbitration (part-time), TC Beirne School of Law, University of Queensland, Brisbane, Australia. Nationality: Australian.

The Hon. Michael McHugh AC QC

Justice of the High Court of Australia (1989-2005) Judge of the Supreme Court of New South Wales and New South Wales Court of Appeal (1984-1989) Independent arbitrator and mediator., Eleven Wentworth

Justice of the High Court of Australia (1989-2005) Judge of the Supreme Court of New South Wales and New South Wales Court of Appeal (1984-1989) Independent arbitrator and mediator.

Masterclass 3: Conciliation - Build on your key strengths in conciliation

Thursday 6 October | 1pm - 4.30pm AEDT

Join in this interactive, in-person masterclass to make the most of the unique features of conciliation and develop your strengths as a conciliator. In this session, Justin Toohey will work with you to identify the key value of each stage of the conciliation process and the ways effective conciliators maximise this value. This masterclass will be positive, engaging and focus on how your strengths contribute to better conciliations.

Justin Toohey is a specialist in fast, facilitative processes in a statutory setting and is an experienced manager of high volume ADR teams. As ADR Director as the Administrative Appeals Tribunal (AAT), Justin is responsible for the Conference Registrar team who run over 10,000 ADR events per year and who were awarded the Courts and Tribunals ADR Team of the Year in 2019. Justin is an experienced trainer and has been actively conducting ADR for over 20 years.

Participants will leave the masterclass with a renewed focus on how their individual strengths connect with the success factors of conciliation to deliver a highly effective process.

About our trainer

Justin Toohey

Principal, Applied Dispute Resolution

Justin is a highly experienced conciliator, mediator, lawyer and manager. Justin has developed his dispute management skills in senior government roles for over 20 years. His key qualifications include Masters of Law, Bachelors of Law and Environmental Science (Hons), Graduate Certificate in Management and Certificates IV in Training and Assessment and Community Mediation. Justin has been the Director of Alternative Dispute Resolution (ADR) at the Administrative Appeal Tribunal (AAT) for the past 10 years and leads a national team of high performing ADR professionals who resolve up to 95% of matters across 400 legislative frameworks. Justin is dedicated to passing on his skills and knowledge in ADR and his trainer journey started in 2004 at the Registrar of Indigenous Corporations (ORIC). Justin established the first national mediation and dispute resolution service for Indigenous Corporations with a strong focus on dispute capacity building and co-design. In 2011, Justin developed and delivered the two day Fast Track Negotiation Skills program for the Queensland Information Commissioner with Professor Tania Sourdin and Shiv Martin. The AAT is a Recognised Mediator Accreditation Body (RMAB) and Justin is responsible for maintaining the professional skills of more than 50 accredited mediators. Justin co-delivers the AATs full five day in-house accreditation program with Franca Petrone and Shiv Martin. At the AAT, Justin also developed the popular Negotiating Outcomes on Time (Noot) inter-university competition. The Noot competition is a game-based teaching tool for law students to develop their negotiation skills in a simulated conciliation setting. Justin’s dispute resolution and management skills have been recognised through a number of awards including: • The Australian Disputes Centre Courts and Tribunals ADR Group of the Year 2019 • The ANU Pauline Griffin Prize for Managing People Organisations • An Australia Day Achievement Award for negotiating major ICT Partnering Agreements