LEADR - Association of Dispute Resolvers


  October 2015 Visit www.resolution.institute

Legal update

Drafting ADR clauses: Don't let bad drafting derail your resolution
Process, requirements for negotiations, and rights of appeal should all be specified clearly in an alternative dispute resolution clause >>

Thanks to Karen Ingram, Mark Curry, Ben Day and Felipe Pereira from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Articles and Resources

Debunking myths about conflict  
lenski.com: Tammy Lenski, experienced mediator, coach and conflict resolution teacher, points to five common beliefs about conflict which prevent us reaching resolution​ >>

Anger and dispute resolution can mix  
mediate.com: Often equated with being ‘out of control’, Phyllis Pollack argues that anger can actually provide clarity and lead to ‘ah hah’ moments in a conflict >>

Maintaining ‘fairness’ when complying with cultural expectations
adrtimes.com: Jasper Ozbirn’s paper provides a preliminary look at ‘power-distance’ and offers guidance for mediators on intercultural power imbalance >>

Socrates, romanticism and arbitration: Is the past better than the present?  
kluwerarbitrationblog.com: In light of increased expense, complexity and length of some modern arbitrations, Dirk-Reiner Martens and Heiner Kahlert of Martens Rechtsanwälte, analyse the pros and quos of bringing back processes from, ‘the good old days’​ >>

Achieving sustainable ‘peace’ through human security   
VIDEO ted.com: Nobel Peace laureate, Jody Williams shares her assessment of what world peace really means, and the creative struggle required to achieve it  >>

Legislative and judicial update for the construction industry
lexology.com: Released by Corrs Chambers Westgarth, this 2015 Law Update provides a concise review of major developments and decisions affecting arbitral practice in Australia >>

A conversation about international arbitration with Prof Doug Jones
VIDEO ciarb.net.au: Interviewed by Albert Monichino QC and Resolution Institute member, Bronwyn Lincoln, Prof Jones shares his insights on the trends and issues in commercial arbitration >>

Pre-conditions and reference dates: A Case Law analysis   
Resolution Institute member, J Murray AM provides a concise analysis of recent QLD decisions which have ensured that contractual provisions serving 'no real utility' are now void >>

Australian & New Zealand news

Facilitated mediation gives seniors a voice  
australianageingagenda.com.au: Purposed with non adversarial conflict resolution between older people, their families and care providers, Victoria’s Seniors Mediation Program initiative has produced promising results ​ >>

Courts and arbitration as complimentary justice  
lawyersweekly.com.au: In a recent address marking the Centenary of the Chartered Institute of Arbitrators, Federal Court Justice John Mansfield AM QC asserted that these two systems now look to each for efficient dispute resolution ​ >>

Confidentiality is now ‘opt-out’ for international arbitrations 
mondaq.com:  Recent amendments to the International Arbitration Act 1974 (Cth) mean that international arbitrations seated in Australia are confidential unless participants agree otherwise >>

Court affirms SoP documents can be served by email
feg.com.au: Reflecting on several pressing issues, Justice Vickery recently claimed a need to reform the prescribed Regulations of the Act >>

NZ’s FairWay Resolution launches workplace disputes service 
fairwayresolution.com: With recent findings suggesting a loss of productivity due to workplace conflict, this new service is designed to help businesses learn from, prevent, manage and resolve conflict >>

Education Department trials mediation for toxic conflicts   
theage.com.au: After the tragic suicide of a Victorian school principal, professional mediators will now be providing support to resolve parent complaints that are ‘complex’ and ‘serious’  >>

Improved dispute resolution for Australian consumers
fos.org.au: Financial Ombudsman Service Chief Ombudsman, Mr Shane Tregillis, reflects that the new, streamlined process has reduced systemic issues and the time taken to resolve disputes >>

NZ's Retirement Commission recommends dispute system
nzherald.co.nz: A recent forum in Auckland has sparked a Code of Practice review to give elderly residents ‘a little more power’  >>

International collaboration for Society of Construction Law members     
www.scl.org.au: Coming together to build cooperation between the 15 international Societies, SCL has launched a new website where Australian members can access, share and publish valuable resources >>

International news

GHANA: Supreme Court Judge urges chiefs to keep their justice systems fair  
citifmonline.com: In the aftermath of a judicial scandal, Justice Jones Dotse has spoken out to Ghana’s religious leaders to urgently build public confidence in their arbitration mechanisms ​>>

SOUTH AFRICA: Commercial industry encouraged to draw on pool of mediation experience 
mediationworld.net: The growth of commercial mediation in SA has been slow to date, with Brand, Steadman and Shaer, Directors of Conflict Dynamics, claiming there is absolutely nothing standing in its way >>

INTL: User survey recommends greater arbitral transparency   
mediate.com: The findings of the 2015 International Arbitration Survey reflect a recurring theme of users' need for more insight into institutions’ decision-making regarding arbitrators  >>

KENYA: Council of elders to reduce backlog in Courts
the-star.co.ke: Judicial Service Commission Vice Chairperson, Margaret Kobia states that the Kenyan judiciary are training Njuri Ncheke elders to resolve disputes in the larger Meru community  >>

USA: Furthering the practice of arbitration across the globe
kluwerarbitrationblog.com: Founded as a discussion group for under 40s, the Young International Arbitration Practitioners of New York (YIAP-NY) aims to foster a working dialogue amongst the rising generation of arbitration professionals >>

Professional indemnity and public liability

Resolution Institute members can access a competitive insurance package through AON Insurance. Learn more here >>

Keeping your CPD updated

Save time by keeping your CPD record as you go. Simply login to the Members Area of the Resolution Institute website and select My Account - CPD & Practice Hours.

Any Resolution Institute events you attend will automatically be listed, and you can add other events as you like and all will be saved in one place for your re-accreditation. Login to start adding to your CPD now >> 

What's on

Resolution Institute events

SA Chapter event: Ethical issues in mediation >> 
Adelaide, 4 Nov

NSW Chapter event: Adjudication discussion on current cases, recurrent issues >> 
Sydney, 4 Nov

Wellington Practice Group event: Mental health considerations in dispute resolution >>
Wellington, 4 Nov

VIC Chapter event: Adjudication discussion on recent SoP decisions in the Courts >> 
Melbourne, 11 Nov

Wellington Networking event: Drafting simple agreements at mediation >>
Wellington, 12 Nov

WA Training event: Arbitrators Master Class >> 
Crawley, 14 Nov

WA Chapter event: Annual Meeting >>
Perth, 17 Nov

NSW Training event: Arbitrators Master Class >> 
Sydney, 21 Nov

NSW event: Sydney Arbitration Week-Trends in international arbitration >>
Sydney, 23 Nov

VIC SIG event: Insights into Children’s Court conciliation conferences >> 
Melbourne, 27 Nov

NSW training event: Expert Determination workshop >>
Sydney, 12 Dec

Multiple location events

Probity Services Accreditation Course​ >> 

Developing an effective intake process (1 day skill extender) >>

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

CINERGY™ 4 day conflict coaching >> 

CINERGY™ 2 day 'Refresher' training >> 

Other CPD & training

Collaborative decision making >>
with ACJI & Tina Nabatchi
Melbourne, 4 November 

Leading strategic conversations >>
with AuSAE
Sydney, 6 Nov

Conciliation in the shadow of the law >> 
Melbourne, 9-10 Nov
Resolution Institute members receive 10% discount

Future of the Courts >>
with His Honour Judge Kevin Burke & ACJI
Melbourne, 11 Nov

Current findings on children
and separation
with VADR & Jennifer McIntosh
Melbourne, 18 Nov

The transformative approach to mediation >> 
with Carlo Mosca and Jane Gunn
London, 25-27 Nov

Class & group actions in arbitration >> 
with the International Chamber of Commerce
Paris, 30 Nov

Arbitration training intensive >>
with AIA Arbitration School
Brussels, 7-11 Dec

Restorative Circles training >>
with Victoria University​ & Mandy Halabi
Wellington, 11-12 Dec

Shifting the focus: From mediating the problem to mediating the moment >>
with Margaret Ross
Tuscany, 18-25 June 2016


13th annual ICC conference: International arbitration >>
Miami, 1-3 Nov  ​

The amazing world of arbitration: Australian perspectives >> 
Perth, 19 November

Sydney Arbitration Week >> 
Sydney, 23-27 November

Mediate 2015: The Power of Mediation >> 
Edinburgh, 3-4 December

7th Asia Pacific Mediation Forum Conference  >>
Sponsored by Resolution Institute 
Lombok, 10-12 Feb 2016

Sent by Resolution Institute,
Sydney - Wellington