LEADR - Association of Dispute Resolvers


  JUNE 2016 Visit www.resolution.institute

Legal update

Terminating an independent expert retainer - can it be done by one party only?  
Alphater Consulting v Rozman [2016] VSCA >>

Thanks to Karen Ingram (Partner) and Laura Peck from Clayton Utz Litigation and Dispute Resolution team, for preparation of this Legal Update.

Determinative DR

Australian parties in arbitrations rise steeply
hsfnotes.com: The International Chamber of Commerce (ICC) says this 'level (was) previously unseen' >>

Court rules on Victorian SoP dispute resolution
landers.com.au: Court favours arbitration and expert determination for non-agreed variations >>

UK: Is right to appeal an arbitral award anachronistic?
kluwerarbitrationblog.com: Author argues that arbitration's increasing sophistication makes it more relevant than ever >> 

ICC confirms Singapore as leading hub
lexology.com: Report confirms it as the most preferred seat of arbitration in Asia >>

ECJ rules on cartel damages claims
kwm.com: These may be submitted to arbitration if the arbitration clauses provide so expressly >>

Details in Philip Morris plain packaging case released
dorsey.com: The Award reveals the grounds on which the Tribunal declined to exercise jurisdiction >>

Cyber insurance coverage disputes increase
andersonkill.com: The mechanism to resolve these may include arbitration >> 

When do jurisdiction and public policy grounds affect awards?
Malaysian high court sets out clear parameters >>

India: The Arbitration and Conciliation (Amendment) Act analysed
mondaq.com: Author concludes the Amendment promises to herald a new era >> 

Study to assess technology disputes' arbitration
pinsentmasons.com: It aims to benchmark common practices for resolving these disputes >>

Facilitative and restorative DR

When does an agreement to mediate cease?
papers.ssrn.com:  This case note looks at Australian case law highlighting when the parties are bound by an agreement to settle  >>

How to develop culturally responsive FDR practice
papers.ssrn.com: RI member Susan M Armstrong argues on the need for recognition and relationality to optimise vulnerable parties' participation >>

The socioeconomics of mediation explained
cardozojcr.com: Robert Rubinson emphasises that mediation models should be seen within the context of the resources available to the participants >>

Effective listening skills crucial for conflict resolution
lenski.com: Tammy Lenski collates some of her past articles on the topic for easy reference >>

Motivational interviewing is effective and restorative
johnbraithwaite.com: ANU's John Braithwaite looks at how a model of regulatory compliance reflects real life scenarios >>

NZ Budget funding for DR centre and RJ
treasury.govt.nz: Allocations made for a permanent centre and to meet increased RJ demand >>

Newsletter highlights improvements in NZ justice
justice.gov.nz: Articles include how restorative justice use is lowering reoffending rate >>

UK: Call for mediation in patient care conflicts
bbc.com: A doctor claims this could save millions of pounds >>

Video conferencing used in shuttle diplomacy
VIDEO vimeo.com: See how three virtual mediation rooms are joined online in this demo >>

Move towards mediation as preferred DR in shipping
hellenicshippingnews.com: The main advantages include its solution-based approach >>

Swimming association resolves dispute with former manager
ausleisure.com.au: Following mediation, ASCTA takes back control of its Swim Australia brand >>

Keep your CPD updated

Save time by keeping your CPD record as you go. Login to the Members Area of the RI website and select My Account - CPD & Practice Hours >>

Professional indemnity and public liability

Members can access a competitive insurance package through Astute Insurance Services >>

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What's on

Resolution Institute events

Conducting private sessions in Mediation >>
Newcastle, 23 June

Merger negotiations: When collaboration turns to combat >>
Sydney, 23 June

Adjudication discussion >>
Melbourne, 29 June

Evaluative Mediation in Family Law financial cases >>
Sydney, 29 June

How the Public Transport Ombudsman resolves complaints >>
Melbourne, 14 July

The law and investigation: does it get in the way or help to get it done?
Wellington, 21 July

Save the date!

ADR Forum >>
Newcastle, 12 August

Multiple location events

Probity Services Accreditation Course >> 

Assessing suitability & preparing clients for mediation (1 day skill extender) >>

Mediation 5 day training >>

Mediation 'Refresher' training days >>

Mediator assessments >>

Mediating Workplace Bullying Complaints >>

CINERGY™ 4 day conflict coaching >> 

CINERGY™ 2 day 'Refresher' training >> 

Other CPD & training

Mini PD Workshops: Monday Modules and Thursday Topics >>
with Margaret Halsmith
ONLINE, Feb - June

Crisis Planning for Business >>
with Small Business Victoria
Knox, 23 June

Evidence in International Commercial Arbitration >>
with CIArb and the Federal Court of Australia

Contemporary Negotiating >>
with Paul Hutcheson
Wellington, 28 June
Wellington, 5 July
Auckland, 7 July

Safety Planning >>
with Family Law Pathways Network
Sydney, 27 June
Bankstown, 29 June

Celebrating ADRA's 30 Years >>
with ADRA
Sydney, 30 June 

Why is there a need to prove prejudice in annulment proceedings? >>
with Singapore Institute of Arbitrators
Singapore, 21 July

Advanced facilitation >>
with Bob Dick
Brisbane, 21-22 July

Nonviolent Communication >>
with The Communication Group
Adelaide, 23-24 July

Self Care & Vicarious Trauma >>
with The Communication Group
Adelaide, 29 July

Emphatic Listening & Resilience >>
with The Communication Group
Adelaide, 29 July

ADR Benefit Ball & Awards Night >>
with Australian Disputes Centre
Sydney, 13 August

Cross-border mediation in civil and commercial matters >>
with European Mediation Training for Practitioners of Justice (EMTPJ)
Brussels, 15-26 August

Using Mediation Skills as a Leader >>
with Core
Scotland, 28-31 August

Engagement Essentials >>
with IAP2
Perth, 7 September

DR Research Forum >>
with the National Mediation Conference
Gold Coast, 15 September 

STAR - Strategies for Trauma Awareness and Resilience >>
with Victoria University
Wellington, 27-30 September and 4-7 October

Fellowship Assessment Course >>
with Singapore Institute of Arbitrators
Singapore, 14, 21 & 22,  24 October

The Practice of Commercial Arbitration >>
with the University of Melbourne
Melbourne, 9-15 November

Sent by Resolution Institute,
Sydney - Wellington