LEADR - Association of Dispute Resolvers


  SEPTEMBER 2016 Visit www.resolution.institute

Legal update

Fraud and the denial of natural justice. Are they a basis for the Court to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW)?
QC Communications NSW Pty Ltd v CivComm Pty Ltd [2016] NSWSC 1095 >>

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

Determinative DR

Staying adjudications when your contractor is becoming solvent
 NSW Supreme Court stays the enforcement of an award because there was a real risk that the contractor would be wound up and unable to repay the money >>

When jurisdiction issues arise in international arbitrations
 A recent WA Supreme Court decision has outlined how Australian courts might deal with these issues, markedly different to the reasoning adopted in other regional jurisdictions, most notably Singapore >>

Singapore: Court rules on the sanctity of arbitration awards
dentons.rodyk.com: In a recent decision the High Court once again took a generous approach in reading arbitration awards to strengthen the purpose of this DR mechanism >>

Do your contracts contain 'unfair terms'?
ecomms.jacmac.com.au: Effective 12 November 2016 new legislation extends the consumer "unfair contract terms" protections to small businesses >>

Report on WA Construction Contracts Act published
herbertsmithfreehilss.com:  The Evans Report makes 28 recommendations which, if legislated, will make the adjudication process more contract friendly >>

SA ANA abolition voted down
corrs.com.au:  While RI is in the unique position of being a 'not for profit' ANA, this article looks at the impact of the perception of bias in "for profit" ANAs >>

Arbitrators surveyed on their preferences
poseidon01.ssrn.com:  US scholar Edna Sussman reports on her survey of 401 domestic and international arbitrators in this article published in The American Review of International Arbitration >>

Olympic Games' CAS decisions published
hallandwillcox.com.au: This summary of the decisions of the Court of Arbitration for Sport's Ad Hoc Division at the Rio Olympics covers a new record of 20 cases (the former record of 15 was for the 2000 Sydney Olympics) >>

Facilitative and restorative DR

Delivering FDR in New Zealand prisons
fairwayresolution.com: RI member Kerri Morris writes how FDR can support children to maintain relationships with their incarcerated parent >>

QLD farm debt mediation bill launched
kempstrang.com.au: The bill, introduced on 30 August, seeks to replace the existing scheme with a compulsory legislative regime >>

Different approaches to professional regulation
kluwermediationblog.com: This post looks at the controversial issue of regulation of the mediation profession across different jurisdictions >>

Call for support for family mediators
couriermail.com.au: This article looks at the work of FDRPs and how they can be further supported in the profession >>

Applying Cynefin complexity theory to mediation
papers.ssrn.com: RI member Greg Rooney examines the principles behind this approach and its application to management and mediation practices >>

International mediation book updated
cedr.com: The practical guide draws on case studies of international business disputes to show how mediation techniques can be applied for a more purposeful, strategic conflict management in organisations >>

Why you should always mediate
herrick.com: The authors explore why this is almost always the case especially for budget-conscious corporate counsel trying to resolve disputes most efficiently >>

What does "access to justice" in family law mean?
cardozojcr.com: This survey across seven countries explores what this means according to legal, mental health and DR professionals >>

Online application increases accessibility to mediation
VIDEO youtube.com: Watch this video on the tools developed by Queensland's Dispute Resolution Branch to resolve neighbourhood disputes through mediation >>

How to navigate the "not my problem" problem
​PODCAST lenski.com: Tammy Lenski suggests three options to get problem-solving moving forward again when you may be feeling powerless >>

Negotiation frameworks compared
indisputably.org: Comparing these frameworks with jigsaw puzzle pieces, the author questions how these might fit together to make one or more meaningful concepts of negotiation >>

If Brexit were an ancient Greek tragedy...
kluwermediationblog.com: The author draws the lesson that mediators have the responsibility to work out the right process for the conflict at hand >>

DR in general

Law-related observations published 
​REVIEW mediate.com: Two long-time practitioners share their perspectives in Opinions – Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters >>

A decade of reflections on peacemaking
hdcentre.org: The Oslo Forum has published a collection of papers showing developments in peacebuilding, mediation and conflict resolution 2006-2015 >>

It can be hard to give a good apology
indisputably.org: Considering recent examples of "non-apology apology" this article focuses on seeming apologies that are actually evasions of responsibility >>

What's on

Resolution Institute events

Evidence in arbitration >>
Melbourne, 5 October

How to deal with lawyers >>
Wellington, 5 October

P.E.A.C.E. in mediation >>
Sydney, 11 October

Arbitrators masterclass 2016 >>
Sydney, 22 October

Adjudicators masterclass >>
Sydney, 12 November

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

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

Online Solutions Focus coaching program >>
with Paul Z Jackson, Janine Waldman and Andrew Rixon
Every Tuesday in October

Negotiation for Change and Leadership >>
with Allan Parker and Peter Singer
Melbourne, 5-6 October
Members receive 15% discount

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

A-Z training on Commercial Arbitration (ABAS) >>
with the Association for International Arbitration
Brussels, Belgium, 17-21 October

Future of Facilitation >>
with Sydney Facilitators Network
Sydney, 22 October

Understanding the Psychology of Conflict >>
with the International Bar Association
London, UK, 27-29 October

Conciliation in the shadow of the law >>
with David Bryson and Michael Mitchell
Melbourne, 14-15 November
Members receive 10% discount

Mediation Retreat >>
with Greg Rooney, Margaret Ross and Barbara Wilson
Tuscany, Italy, 17-24 June


Communicate 2016 >>
Sydney, 26-27 September

China Arbitration Summit 2016 >>
Beijing, 27-29 September

Asia Pacific Regional Arbitration Group Conference 2016 >>
Bali, Indonesia, 6-8 October

ADRIC 2016 National Conference &
The Global Pound Conference >>

Toronto, Canada, 13-15 October

2016 Australian Guardianship & Administration Council Conference >>
Sydney, 17-19 October

2016 IAP2 Australasia Conference:
The Future of Engagement and Democracy >>

Adelaide, 17-19 October

7th ICC International Mediation Conference >>
Paris, France, 19 October

6th Annual Global Arbitration Review Live Hong Kong >>
Hong Kong, 20 October

International Coach Federation (ICF)
Australasia Conference 2016 >>

Surfers Paradise, 26-28 October

Creative Reflective Retreat Australia >>
VIC: Skenes Creek, 3-7 November

The 2016 Conflict Resolution Conference: Relate-Resolve-Restore >>
Wellington, 15-16 November

The Story Conference: Influencing Cultural Change One Story at a Time >>
Melbourne, 23-25 November
For members discount use code Resolution50.

Family & Relationship Services Australia Conference 2016 >>
Canberra, 29 November-1 December

Australasian Facilitators Network
Conference 2016 >>

Whaingaroa (Raglan), 30 November-2 December

Institute for Peace & Dialogue Winter
Academy >>

Baar, Switzerland, 17-26 February

Conflicts between Islamic and non-Islamic cultures >>
Cyprus, 13-17 March

Seventh international cyber-conference on dispute resolution >>
Online, 12 April

Sent by Resolution Institute,
Sydney - Wellington