LEADR - Association of Dispute Resolvers


  December 2015 Visit www.resolution.institute

Legal update

Engaging an expert for dispute determination
Parties must understand what the process entails and why it would be beneficial for the determination of their contractual disputes >>

Thanks to Karen Ingram, Lauren Stewart and Blair McEwan from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Articles and Resources

Can workplace bullying be mediated?
goodmenproject.com: Understanding that bullying is a pattern of behaviour, Bill Eddy, President of High Conflict Institute discusses how mediation could give bullies opportunities to learn and change >>

Australian Construction Dispute Resolution Newsletter 
lexology.com: This comprehensive resource covers the latest legal developments, Australian Court decisions and legislative changes relevant to construction and Security of Payment matters >>  

Prof Bernie Mayer speaks on the challenge of enduring conflict
VIDEO directionservice.org: In a recent keynote address, Bernie Mayer critically analyses models and techniques for managing deeply entrenched conflicts, with emphasis on conflict engagement and narrative reframing >> 

A psychological perspective on managing workplace conflict
lexology.com: In an age of collaboration and diversity, James Mattson and Deanna Oberdan of Bartier Perry point to the fact that workplaces can no longer shy away from conflict and/or having difficult discussions >>

The importance of the 'pause' in conflict conversations
mediate.com: Dr Tammy Lenski discusses harnessing the power of silence in mediations in order to create space for important questions to be contemplated >>

Three factors that generate unpredictability in arbitration
claytonutz.com: In the annual Clayton Utz and University of Sydney International Arbitration Lecture, Hilary Heilbron QC argued that potential uncertainty of outcomes could be reduced by three reform options ​​>>

Australian & New Zealand news

Chief Justice predicts a bright future for Australian arbitration      
lawyersweekly.com.au: Outlining the important changes in international arbitration over the past two decade, Chief Justice James Allsop, in a recent address, pointed to Australia's encouraging progress >>

DR mechanism to protect consumers in home renovation disputes        
abc.net.au: Due to be run by VCAT, a new domestic building DR service will provide a 'one-stop shop' for builders and home owners to resolve disputes >>

Court decision impacts Security of Payment landscape  
holdingredlich.com: Justice Vickery recently determined that a mediation clause was not a valid method of resolving disputes in its failure to contain mandatory steps toward a binding decision >> 

Court of Appeal addresses scope for judicial review of adjudications
lexology.com: Several recent cases highlight differences in Security of Payment legislation and reviewable jurisdictional facts between Australian States >>   

NZ ​Accident Compensation Appeal Tribunal proposed for greater access to justice
beehive.govt.nz: A discussion paper seeks feedback from stakeholders on options for the tribunal and Miriam Dean QC, a founding Board member of LEADR NZ Inc, has been tasked with reviewing issues raised in the Acclaim Otago Report >>      

International news

TURKEY: Arbitrators need to be vigilant around international public policy
mondaq.com: Because most countries remain ambivalent to the public policy exception to enforcement in international commercial law, practitioners are warned to be cautious >>

USA: Pre-suit mediation as 'win-win' for all
connecticutlawtribune.com: Claiming early intervention as 'an alternative to the alternative', retired Superior Court Judge, Robert Holzberg identifies the types of cases that could be resolved before they reach counsel's desk >>

RWANDA: Educating young people for peace
abc.net.au: Peace Direct's Local Correspondent, Jean Dieu Basabose, looks at how Rwanda is recognising the importance of conflict resolution skills in securing peace and reconciliation >>

INTL: Singapore International Arbitration Centre (SIAC) rules under revision  
kluwerarbitration.com: Introducing refinements to better serve the needs of the businesses, financial institutions and governments, Gary Born, President of SIAC Court of Arbitration reports on the progress of SIAC Arbitration Rules review >>

USA: Should confidentiality in mediation still apply to malpractice? 
therecorder.com: The California Law Revision Commission recently concluded that the confidentiality exception should only apply to misconduct of an attorney acting as an advocate >>

CAMBODIA: Vis Moot training builds arbitration expertise in Cambodia
kluwerarbitration: The second Vis East Moot Foundation Capacity Building Programme recently supported Cambodian law students to build and promote their arbitration skills >>

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

Sydney Chapter event: The Psychology of Conflict >>
Sydney, 21 Jan

Wellington Practice Group event: Encouraging parties to participate in DR >> 
Wellington, 3 Feb

Auckland networking event: Mediation 'up-skilling' >>
Auckland, 10 Feb

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

International Arbitration Update webinar >>
with QLD Law Society
Online, 11 Feb 2016

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

Dispute Resolution Research Forum >>
with the National Mediation Conference
Gold Coast, 15 September 2016


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