Resolution Institute

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  JANUARY 2017 Visit www.resolution.institute

Legal update

Expert determination: you get what you bargained for
Minerals Resources Ltd v Pilbara Minerals Ltd [2016] WASC 338 (17 October 2016) >>

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


Determinative DR

Arbitration round-up in Australia
dlapiper.com Read this overview of key Federal Court decisions taken in 2016 maintaining Australia's stronghold as a pro-arbitration jurisdiction >>

Projects disputes cases reviewed
jonesday.com A number of high-profile cases during the second half of 2016 offer significant insights to stakeholders in the construction and mining industries >>

Enforcement of arbitral awards in Australia
squirepattonboggs.com Authors review the key issues >> and a recent WA Supreme Court decision potentially significant with respect to the enforcement of arbitration agreements in Australia >>

Supreme Court highlights importance of determination reasoning
codea.com.au Recent decision by his Honour Justice McDougall emphasises adjudicators' need to provide a reasoned analysis supporting a valuation of construction works >> 

No reference date, no valid payment claim
claytonutz.com December High Court decision affirms that any adjudication determination based upon an invalid payment claim is not valid >>

International arbitration and independence
VIDEO 
claytonutz.com In this annual lecture Swiss Elliot Geisinger questions why there has been little discussion about the duty of independence by non-arbitrators in the process >>

Diversity and uniformity in international arbitration law
papers.ssrn.com
 US Christoper R Drahozal proposes that given the degree of uniformity already achieved policy makers should look closely at what marginal benefits additional uniformity can benefit parties  >>

SIAC Investment Arbitration Rules 2017 launched
bakermckenzie.com
 Rules address criticisms of existing investor-state arbitration mechanisms and draw on best practice from key international bodies >>

Investor-state DR mechanisms in focus
jcaa.or.jp
 This article looks at the Trans Pacific Partnership and, using the case study of Japan, explores its interaction with other international DR mechanisms >>

China extends access to offshore arbitration
hsfnotes.com
 Guidelines seem to attempt to liberalise and internationalise China's current  regime within range of the pilot free trade zones >>

Lessons from the Pechstein case for Tokyo 2020
kluwerarbitrationblog.com
 Authors call for more impartiality in appointing arbitrators to the Court of Arbitration for Sport >>


Facilitative and restorative DR

The rise of commercial mediation in Australia
maynoothuniversity.ie
 RI member Greg Rooney looks at developments over the last 25 years and reflects on the challenges ahead, in this paper published in the Journal of Mediation & Applied Conflict Analysis >>

The evidentiary 'black hole' of mediation
adrac.org.au
 In this paper published as part of the Australian Dispute Resolution Advisory Council's ADR Mapping project, RI member Alan Limbury explores how the 'without prejudice' role is applied in court-ordered mediation >>

Peacebuilder Spotlight: Cinnie Noble
mediatorsbeyondborders.org
 The founder of CINERGY® Coaching speaks about her mediation and coaching experiences in this interview >>

The "smart" of compromise in mediation
mediate.com
 US Earlene Baggett-Hayes examines the various approaches mediators can adopt to facilitate potential compromise situations >>

How do we transform conflict into cooperation?
PODCAST npr.org
 Hear world-renowned mediator and author William Ury and other speakers talk about how to look past anger, fear, and even violence to reconcile our differences, especially in the context after the US presidential election  >>

Are you solving the right problems?
hbr.org This Harvard Business Review article on the benefits of using reframing techniques to think about problems in a different way, identifies seven best practices for effective reframing >>

New Year's resolutions for mediators
kluwermediationblog.com lrish mediator Sabine Walsh bucks the trend and shares her mediation-specific resolutions >>

How RJ changed a criminal's life
​VIDEO youtube.com Hear how a man's meeting with his victim's parents changed his life... he now works in the criminal justice sector and campaigns about the dangers of a single hit >>

Working with technology: a matrix of mediation issues
cedr.com
 UK-based Centre for Effective Dispute Resolution guides practitioners on what to consider when conducting mediations online or by telephone >>


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

Mediation: A client's
perspective >>

Wellington, 1 February

Elder Law Roundtable
Hamilton >> & ONLINE >>
2 February

Adjudication discussion >>
Adelaide, 9 February

Child Inclusive Practice >>
ONLINE, 9 February

Conflict Coaching >>
Sydney, 16 February

Adjudication masterclass >>
Melbourne, 18 February


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 >> 

ONLINE Group Supervision >> 


Other CPD & training

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

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

Extraordinary Facilitation – New Resolution >>
with Liana Stupples
Kapiti (near Wellington),
16-17 February

Transforming Relationships in the Workplace >>
with Wellington Community Law
Wellington, 27-28 February

Working with LGBTIQ clients in legal proceedings >>
with Inner City Legal Centre and Young Lawyers (NSW)
Sydney, 1 March

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

The 'Expert' Expert Witness >>
with Monash University Faculty of Law
Melbourne, 8 March

Elder Mediation Training >>
with elder mediation tasmania
Hobart, 8-10 March
Early bird closes 20 February >>

Nonviolent Communication Foundation Trainings >>
with the Communication Group
Sunshine Coast, 18-19 March

Conflict Transformation through Group Conferencing >>
with Dr David Moore and
Dr Alikki Vernon
Melbourne, 26-28 April
Members receive 10% discount

Course of Victimology, Victim Assistance and Criminal Justice >>
with World Society of Victimology
Dubrovnik, Croatia, 22 May-3 June

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


Conferences

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

Conversations about restorative justice: Moving toward a new paradigm >>
Ottawa, Canada, 4-5 April

Socio-Legal Studies Association Annual Conference >>
Newcastle upon Tyne, UK, 5-7 April

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

Seventh international cyber-conference
on dispute resolution >>

Online, 12 April

The American Bar Association Dispute Resolution Conference >>
San Francisco, California, 19-22 April

Creative Reflective Retreat >>
VIC: Flinders, 27 April-1 May

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

International Meeting on Law and Society >>
Mexico City, Mexico, 20-23 June

Institute for Peace & Dialogue Summer Academy >>
Baar, Switzerland, 11-29 August

Mediators Beyond Borders International Congress >>
The Hague, The Netherlands, 4-6 October

Sent by Resolution Institute,
Sydney - Wellington
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