LEADR - Association of Dispute Resolvers


  OCTOBER 2016 Visit www.resolution.institute

Legal update

A "Tips & Traps" guide for adjudicators appointed to determine disputes about claims for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW). 
Richard Crookes Construction Pty Ltd v CES Projects (Aust) Pty Ltd (No. 2) [2016] NSWSC 1229 >>

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

Determinative DR

Court upholds agreement between
Woolworths and Lowe's

 RI members Russell Thirgood and Erika Williams conclude the Federal Court's recent decision underlines Australia's reputation as a sophisticated jurisdiction in which to conduct arbitration >>

Court to take up Timor, Australia dispute
abc.net.au: The Permanent Court of Arbitration will continue with the conciliation process to resolve the maritime border dispute >>

HFW publish collection of construction law updates
hfw.com: Holman Fenwick Willan review
Australian developments from the last six months >>

What to expect from the first procedural conference
VIDEO hsfnotes.com: Herbert Smith Freehills partner Chris Parker outlines what may be discussed and decided and how best to prepare for the conference and the arbitration to follow >>

ICC modifies its Note on the Conduct of Arbitration
 The changes mainly relate to the terms of reference and awards, as well as the services offered by the ICC secretariat >>

Third party funding in international arbitration reviewed
 Report concludes that TPF has introduced more economically astute decision-making to analysing and prosecuting claims in an environment where costs continue to grow >>

Enforcement of arbitral awards vs foreign court judgments
 Businesses need to consider how a court judgment or arbitral award can be effectively enforced in the relevant jurisdictions to avoid turning victory into defeat >>

China: Failing to specify arbitral seat may result in unenforceable award
 Following a recent PRC case which found an arbitration clause invalid, the authors provide recommendations for avoiding such outcomes >>

India: How can DR help the construction industry?
 Increased use of arbitration and conciliation is being encouraged to aid the recovery of the industry >>

The Maria Sharapova decision - a double fault?
sites-dacb.vuturevx.com: The Court of Arbitration for Sport's decisions have the potential to undermine the principle that athletes are responsible for what they ingest >>

Facilitative and restorative DR

International mediation & ADR survey results published
imimediation.org: The 2016 Census of Conflict Management Stakeholders and Trends commissioned by the International Mediation Institute is believed to the first ever international census of its type to date >>

NZ retirement villages code includes mediation
cffc.org.nz: Variations relating to how residents raise an issue with the operator and to the complaints facility include mediation as a clear step if a complaint cannot be resolved informally and will take effect from 1 April 2017 >>

How should we think about mediation ethics?
adrresearch.net: National Mediation Conference speaker Jonathan Crowe puts forward two models for consideration - regulatory vs practice - and identifies why mediation is more hospitable to the latter >>

Research compares workplaces with marriages
theconversation.com: Predictors of employees who leave organisations are very similar to predictors of divorce; employers can use similar tools to increase employee retention rates as are used to save marriages >>

Restorative justice to heal the environment
johnbraithwaite.com: ANU's John Braithwaite argues that healing people and healing environments can be brought together in order to reinforce responsive regulation >>

Mediation on the heels of arbitration
kluwerarbitrationblog.com: In commercial agreements clients might be better off choosing mediation either as an alternative or a precursor to arbitration >>

Justice quality and accountability in mediation practice
papers.ssrn.com: In this report RI members and La Trobe University researchers Lola Akin Ojelabi and Marie Anne Noone suggest a method for measuring mediation as a tool in improving justice >>

Handling powerful people in disputes
cedr.com: Authors suggest eight steps that mediators should consider to measure personality and prepare for the mediation day >>

What's on

Resolution Institute events

Annual meetings
Adelaide, 27 October >>
Brisbane, 15 November
Perth, 16 November
Canberra, 17 November

Melbourne, 17 November >>
Hobart, 30 November
Newcastle, 30 November >>
Sydney, 7 December

Tools for mediators >>
Melbourne, 27 October

Expert witnesses >>
Sydney, 2 November

Ways and means of promoting trust >>
Wellington, 2 November

Adjudicators masterclass >>
Sydney, 12 November

Mediating workplace bullying complaints >>
Wellington, 14 November

Early dispute resolution >>
Sydney, 17 November

Applying the SCARF model to mediation >>
Adelaide, 18 November

Sydney Arbitration Week
The Great Debate, 21 November >>
RAIF Arbitration Conference, 25 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 >> 

NEW CINERGY™ 3 day Advanced workshop >> 

Other CPD & training

Mini PD Workshops: Monday Modules and Thursday Topics >>
with Margaret Halsmith
ONLINE interactive video conference

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

Courts and International Arbitration: A Reappraisal of Roles >>
with the International Law Association, Queensland Chapter
Brisbane, 4 November

Reframing threat as challenge >>
with Sandra Walden Pearson
Sydney, 4 November
Members receive $100 discount

Launch of Australasian Association of Workplace Investigators >>
Melbourne, 8 November

Online Dispute Resolution: The International Experience >>
with Sir Zelman Cowen Centre, Victoria University
Melbourne, 10 November

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

Mediating Money Masterclass with Prof Laurence Boulle >>
with Shaw Mediation Australia
Adelaide, 16 November

CoResolve Participative Leadership Program
with Myrna Lewis and Pru Gell
Melbourne, 21-22 November
Members receive 10% discount

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


International Coach Federation (ICF)
Australasia Conference 2016 >>

Surfers Paradise, 26-28 October

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

Law and Courts in an Online World >>
Melbourne, 8-9 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