Resolution Institute


  DECEMBER 2016 Visit

Legal update

Court, Arbitration, Emergency Arbitrator: Resolving a fight on multiple fronts
Kaspersky Lab UK Ltd v Hemisphere Technologies Pty Ltd [2016] NSWSC 1476 (14 October 2016) >>

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

Determinative DR

Call for arbitrators to be self-critical
Former Justice of the High Court The Hon. Michael Kirby AC CMG identifies the challenges in international arbitration and how young arbitrators might respond >>

VGSO advice on adjudication timeframe
This confirms the maximum time to determine an adjudication application is 25 business days from its acceptance >>

WA Building Commissioner annual report published Resolution Institute retains its position as the prescribed appointor to award most adjudication appointments >>

Construction Contracts Amendment Bill 2016 (WA) passed Changes are aimed at improving the operation and effectiveness of the Act by widening its application and introducing more flexibility to the process for seeking rapid adjudication >>

How can arbitration help develop common law This article shows how the unintended consequence of increased use of arbitration in Australia leading to a reduction in new case law can be mitigated >>

Comparative chart of international arbitration rules This simple guide provides an overview of the similarities and differences among some of the major institutional and ad hoc rules >>

The role of cross-examination at arbitration hearings
Although much is common with that of a trial, particular differences should be taken into consideration >>

Timor-Australia conciliation proceedings in focus
 This brief comment by Griffith University Professor of International Law, Don Anton considers possible arguments about the competence of the Conciliation Commission constituted to settle the maritime border dispute >>

UK: Arbitration use may increase post Brexit
VIDEO This interview looks at how to include arbitration in international contracts following the uncertainty created over the enforcement of English Court judgments >>

Arbitrator held liable for procedural error
 Dutch Supreme Court decision highlights the importance of procedural instructions and the potential risks of not following them >>

Arbitrators may face jail if they act unfairly
 A jail term is a possible consequence of a recent change to the United Arab Emirates' penal code if an arbitrator is found to have acted "contrary to the duty of fairness and unbiasedness" >>

How contractual penalties in soccer are interpreted
 This paper looks at how Swiss law often applies for the interpretation of such clauses and the way the Court of Arbitration for Sport determines whether a penalty is excessive >>

Facilitative and restorative DR

Family lawyers urged to steer clients towards private mediation Australian lawyer Tim Couch lists the benefits for separating couples to resolve their disputes in this manner and what could be the obstacles >>

The power of context Sydneysider Michelle Brenner shows why mediators should be aware of the dynamics of culture, context and communication and how this impacts on conflict >>

Language interpretation central to quality outcome This paper focuses on the role of language in mediation and how to meet the challenges multiple language fluencies bring to the practice >>

Understanding gendered differences in negotiation US Stacy Roberts reviews research in this area and provides tools that consider gender for more effective negotiations >>

Two books on mediation and ethics reviewed
 Bond University's Bobette Wolski provides a quick summary and compares Ellen Waldman's Mediation Ethics: Cases and Commentaries and Omer Shapira's A Theory of Mediators' Ethics: Foundations, Rationale, and Application >>

Mediators in the service of helping others
 US Milan Slama looks at the motivational factors, dynamics and ethical considerations of help within a mediation and the role of interests in negotiations >>

Why should mediators be regulated? In this Harvard Negotiation Law Review paper US Art Hinshaw argues that consumer protection should be the motivating justification for regulating mediators and that this is required for mediation to be recognised as a profession in its own right >>

How to ask questions: A mediator's guide
​PODCAST Learn how to ask questions that shift thinking and prompt fresh ideas with Tammy Lenski's guide for better conflict resolution results >>

Do restorative justice and responsive regulation work?
 ANU's John Braithwaite argues that there is encouraging enough evidence to conclude that this is cost-effective in preventing injustice problems including crime and business non-compliance >>

Public engagement and decision-making From the latest issue of the Mitchell Hamline Law Review: >>
- Bernie Mayer concludes that effective public engagement requires an understanding of the paradoxical nature of complex systems >>
- Benjamin Lowndes & Sharon Press considers DR practitioners' role in community issues >>

10 reasons why financiers should consider DR
 In this Australian Banking & Finance Law Bulletin article Mark Addison explains how mediation in particular can be helpful for financiers in commercial disputes >>

DR in general

ODR: Stinky, Repugnant, or Drab
 US Professor Robert Condin reviews existing ODR systems, identifies potential consequences relating to their use and suggests refinements to the process >>

What was ADR? What is DR?
 In this excerpt from their new book (see Resolution Institute news column), Professor Laurence Boulle and Professor Rachael Field support the move towards dropping the term 'alternative' and referring to 'dispute resolution' as encompassing all processes, including litigation >>

Concise Hornbook guide on ADR updated
BOOK In a seeming contradiction to the previous item, US Professor Stephen Ware has updated this book, including an expanded section on arbitration >>

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What's on

Resolution Institute events

Applying the SCARF model to mediation >>
Adelaide, 19 January

Save these dates!

Conflict Coaching
Sydney, 16 February

Adjudication masterclass
Melbourne, 18 February

Arbitration masterclass
Melbourne, 3 June

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

Nonviolent Communication Foundation Trainings >>
with the Communication Group
Melbourne, 14-15 January
Sydney, 21-22 January
Sunshine Coast, 18-19 March

Workplace Mediation Training >>
with Mediation Training Institute
Miami, Florida, 23-27 January

Online Solutions Focus Coaching >>
with Paul Z Jackson, Janine Waldman and Andrew Rixon
Every Wednesday in February

The Impact of Grief and Loss on Mediation Outcomes >>
with Australian Dispute Resolution Association
Sydney, 3 March

Courses in peacebuilding >>
with Canadian School of Peacebuilding
Winnipeg, Canada, 12-16 & 19-23 June

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


International Investment Arbitration Across Asia >>
Sydney, 16 February

Institute for Peace & Dialogue
Winter Academy >>

Baar, Switzerland, 17-26 February

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

Non-Adversarial Justice Conference 2017 >>
Sydney, 6-8 April

Seventh international cyber-conference
on dispute resolution >>

Online, 12 April

I Global Peace Conference 2017 >>
Baar, Switzerland, 29-31 May

Sent by Resolution Institute,
Sydney - Wellington