LEADR - Association of Dispute Resolvers


  JULY 2016 Visit www.resolution.institute

Legal update

How reasonable is a 'reasonable opportunity'? The Victorian Supreme Court considers the scope of procedural fairness in commercial arbitrations
Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd [2016] VSC 326 >>

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

Determinative DR

What will be the impact of Brexit on arbitration?
kluwerarbitrationblog.com: In spite of the referendum outcome international arbitration in the UK seems set to continue to thrive >>

How does Pokemon Go resolve disputes?
lawnewz.com: Provided that you didn't opt out of an arbitration clause, you will be forced into arbitration >>

UNCITRAL Guide on the New York Convention available online
newyorkconvention1958.org: Case law from various jurisdictions is available >>

What are the differences between the East Coast and West Coast models of adjudication?
lexology.com: The WA Construction Contracts Act prioritises the contracted intention of parties >>

Hague court rules over South China Sea
abc.net.au: Victory for the Philippines could herald similar cases by other countries but enforcement remains an issue >>

Ruling on validity of clause providing for "mediation or arbitration"
lexology.com: Case shows how Brazilian superior courts have become favourable to arbitration >>

Facilitative and restorative DR

Why story-telling matters to justice and DR
adrresearch.net: Dr Rosemary Howell says the Lindt cafe inquest is an example of the importance of storytelling in law reform >>

Is there a difference in mediating the Asian way?
lawsociety.org.nz: Author points out four incompatibilities with the facilitative model and suggests adjustments to suit >>

Tough love theory questioned
blog.aboutrsi.org: Mediator hostility might have a negative impact on traditionally underserved participants >>

Second edition of international mediation guide published
cliffordchance.com: This guide by global law firm Clifford Chance summarises the current 'state of play' in 47 jurisdictions >>

Will the "real" mediation stand up?
mediate.com: Zena Zumeta reviews the different types of mediation which other authors have suggested sit on a continuum >>

Being the first to suggest mediation?
lawsociety.org.nz: Several benefits can be be obtained make sure you put your proposal in writing though! >>

DR in general

Robots empowering people in disputes
Robot lawyers could make time-consuming expensive court conflict a thing of the past >>

Is it politically incorrect to be politically correct? 
Bernie Mayer discusses the role of political correctness in conflict engagement >>

What great listeners actually do
 It's about more than keeping quiet >>

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 >>

What's on

Resolution Institute events

To shuttle or not shuttle >>
Wellington, 3 August

Confidentiality in FDR >>
Sydney, 9 August

Mediation is an innovation process >>
Darwin, 10 August

ADR Forum >>
Newcastle, 12 August

Complex DR practices from remote NT outback >>
Sydney, 15 August

Reviving empathy for resolving conflict >>
Adelaide, 17 August

The preliminary conference and direction hearings >>
Melbourne, 17 August

WA Determinative Forum >>
Perth, 17 August

Arbitrators Master Class 2016 >>
Adelaide, 27 August

Elder mediation
Auckland, 24-26 August >>
Wellington, 29-31 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 interactive video conference

Secrets to Resolving Business Disputes Revealed! >>
with the Office of the Small Business Commissioner
Adelaide, 4 August

Small businesses, big marketing >>
with Business Victoria
Melbourne, 11 August

Mediation models and the person of the mediator >>
with VADR
Melbourne, 11 August

Arbitration and mediation - two mutually exclusive worlds?
with Singapore Institute of Arbitrators
Singapore, 11 August

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

Managing and understanding high conflict personalities >>
with Law Society of Tasmania
Hobart, 26 August

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

The 'expert' expert witness >>
with Monash University Law School
Melbourne, 30 August

Engagement Essentials >>
with IAP2
Perth, 7 September

Managing high conflict people in legal disputes >>
with Monash University Law School
Melbourne, 7-9 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