LEADR - Association of Dispute Resolvers


  November 2015 Visit www.resolution.institute

Legal update

Federal Court butchers Union’s arbitration application
Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033 -  (judgment date: 16 September 2015) >>

Thanks to L A Schreiber and Karen Ingram from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Updates.

Articles and Resources

A playful and positive approach to dispute resolution 
Accredited member, Alice Bradshaw recently interviewed Brad Heckman, CEO of the New York Peace Institute about incorporating visual and performing arts to manage conflict in communities >> 

Three pearls of arbitration appeal wisdom
adrtimes.com: Arbitration expert, Liz Kramer analyses some recent rulings to provide key guidance on appealing from arbitration awards >>

When victims have questions only the offender can answer
VIDEO restorativejusticeintl.com: In this evocative BBC interview, Laura Coel, a victim of sexual abuse explains why restorative justice has changed her life and empowered her >>

The importance of optimising witness statements 
arbitrate.com: Experienced arbitrator, Nicholas Ulmer explains how written evidence can be the key element in presenting and organising a hearing >>

Electronic DR to remedy online distrust  
Professor Amy Schmitz of Univeristy of Colorado Law School proposes online dispute resolution (ODR) to expand and equalise e-commerce >>

Challenges and opportunities for mediators in the collaborative economy
Resolution Institute member and accredited mediator / arbitrator, Greg Rooney shares the paper he presented at the 6th Symposium of the Institut de médiation et d’arbitrage this month >>

Contemplating the inner life of conflict
PODCAST westallen.com: In this interview with longtime mediator and lawyer, Gary Friedman, Stephanie West Allen, JD finds out about the role of self awareness and self reflection in effective conflict resolution >>

When 'knowing' gets in the way of 'listening' 
VIDEO ted.com: Using hand drawn illustrations and personal practice examples, Brad Heckman communicates the necessary balance of emotions, relief and reflection that mindfulness supports in the mediation process >>

Former Chief Justice warns on evidential pitfalls in arbitration
ciarb.net.au: Examining the different evidence rules in relation to international arbitration, Chief Justice Murray Gleeson provides an in-depth analyses of how each might work in an Australian context >>

Australian & New Zealand news

Mediation initiative to support Aboriginal families in dispute    
abc.net.au: After two years of  consultation with communities and stakeholders, the Aboriginal Mediation Model (AMM) offers culturally appropriate assistance >>

NZ superdiversity stocktake recommends multi-cultural policy        
nzlawyermagazine.co.nz: Reporting​ on an increased number of cultural disputes across the country, Chen Palmer, Managing Partner of Mai Chen points to a range of legal issues that need to be addressed >>

Security of Payment (SOP) dataset published  
mondaq.com: The Victoria Building Association (VBA) has collected a range of activity data regarding the operation of the SOP Act including adjudications that have occurred >> 

NZ FairWay announces DR scholarship winner   
Honouring Anne Scragg's 30 year service to the sector, this valuable opportunity was awarded to Matthew Gale from Auckland for his entry entitled, 'Mediation and the Civil Justice Gap' >>

QLD farm loan mediation sparks inquiry
lexology.com: The Parliamentary Joint Committee held a rural banking roundtable recently to examine the current issues facing farmers and financiers alike and how they are being addressed >>

NSW Fair Trading new look e-news for the construction industry
fairtrading.nsw.gov: Supporting the NSW sector with their ongoing legal requirements, Property Matters covers recent law changes, the dos and don’ts of drones and training standards for property professionals >> 

Considering the Hague Convention when drafting DR clauses 
disputescentre.com.au: Although Australia is not a signatory to the Hague Convention, it may nevertheless have implications for parties entering into international commercial transactions here >>

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 >>

Local knowledge informs Sydney's conflict resolution  
smh.com.au: The Glebe Justice Centre has released a landmark program to train and equip inner city mediators with specialised knowledge of local issues and Indigenous culture >>   

International news

FIJI: Mediation turns 'whole process' around
fijitimes.com: Ana Rokomokoti, former chief registrar and one of Fiji’s first mediators, celebrates the recent accreditation of 14 Fijian mediators >>

INTL: 'Boycott' bypassed for international arbitration
abc.net.au: With hearings now scheduled at a Netherlands arbitration Court, it is hoped that claims filed by the Philippines against China may now be resolved >>

AFRICA: Thriving markets for dispute resolution 
africanlawbusiness.com: With emerging regional centres and the potential expansion of local expertise, it looks like ADR is set to flourish >>

ETHIOPIA: International conventions boost investor confidence 
allafrica.com: At the 2nd International Conference on Arbitration, Addis Ababa Chamber of Commerce and Sectoral Associations President Elias Geneti pointed to the necessity of signing relevant conventions to expedite commercial dispute resolution >>

UK: Family Dispute poll reveals surprising results
uklockthelaw.co.uk: As part of a new Parliamentary guide for putting children’s needs first in separation and divorce, a recent 'Resolution' survey revealed 82% of young people prefer that unhappy parents separate >>

CANADA: Mediating in good faith?  
mondaq.com: Based on lack of evidence, the Ontario Court of Appeal recently 'struck down' a trial judge's decision to penalise a defendant for lack of 'meaningful' partcipation ​>>

Professional indemnity and public liability

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

What's on

Resolution Institute events

Wellington networking event: Preparation for a successful  ADR conference >>
Wellington, 2 Dec

VIC Chapter event: Insight into Compulsory Conferences at the VCAT >>
Melbourne, 2 Dec

WA FDR SIG event: Mediation and Sharia Law in Australia >>
Perth, 3 Dec

NSW Chapter event: Celebrating Christmas 2015 >> 
Sydney, 8 Dec

SA Chapter event: Annual Meeting and end of year cheer >> 
Adelaide, 16 Dec

Wellington networking event: Christmas function >>
Wellington, 16 Dec

QLD Chapter event: Annual Meeting and end of year cheer >>
Brisbane, 17 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

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

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

Winter Academy >>
with Institute for Peace and Dialogue (IPD) 
Switzerland, 15-25 Feb 2016

Self-determination and empowerment when threat is perceived: A structured, depersonalising strategy >>
with Sandra Walden Pearson
Feb 2016  

Introduction to Elder Mediation >>
with Amanda Molomby
​Brisbane, 26-28 Feb 2016
Melbourne, 18-20 Mar 2016
Sydney, 15-17 Apr 2016

Transforming relationships in the workplace >>
with Margaret Thorsborne​
​23 & 24 February

Collaborative Practice >>
with ACJI, Monash University
Melbourne, ​12, 13, 14 May 2016

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


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

7th Asia Pacific Mediation Forum Conference  >>
Supported by Resolution Institute 
Lombok, 10-12 Feb 2016
EARLY BIRD extended

The Future of Civil Procedure (ACJI) >> 
Melbourne, 18-19 Feb 2016

World Mediation Summit:  The Art Of Mediation >>
Madrid, 14-17 June 2016

National Mediation Conference 2016: Thought, Innovation and Creativity >>
Surfers Paradise, 12-14 Sept 2016

Sent by Resolution Institute,
Sydney - Wellington