Resolution Institute


  FEBRUARY 2017 Visit

Legal update

"Expert" the unexpected: when the parties cannot agree on whether they agreed to appoint an expert
Redpath Contract Services Pty Ltd v Anglo Coal (Grosvenor Management) Pty Ltd [2016] QSC 313 >>

Thanks to Karen Ingram (Partner) and Christabel Richards-Neville from Clayton Utz Litigation and Dispute Resolution team, for preparation of this Legal Update.

Facilitative and restorative DR

How mediation can save small businesses
​VIDEO The Australian Centre for Justice Innovation hosted this discussion with Monash Business School on the reasons why mediation can be the 'life saver'. Panellists included RI mediation trainer Anne Sutherland-Kelly >>

The importance of opening presentations in mediation
 Clifford Chance's Ian Roxborough and Matthew Scully draw upon their experience to showcase how mediators benefit from having a foundation to build upon when discussing the issues with the parties >>

Global trends in mediation
​VIDEO In this MediatorTV episode RI member Prof. Nadja Alexander and Aled Davies look at the seven biggest trends coming up in 2017 as well as disruptive technology emerging in the US >>

Collaborative law to resolve family law matters RI member Jennifer Hetherington looks at the scope of family law specialists and proposes greater use of collaborative law, suggesting that this gives parties more control to get the best outcome for their family >>

International family mediation website
 includes resources for families and practitioners including country guides and a recently launched Charter for International Family Mediation Processes containing 10 core principles underpinning cross-border mediation  >>

How the concept of neutrality in mediation has changed
 Monash University student Amanda Selvarajah looks at the shift to a more interventionist mediator who fosters trust over a detached authority >>

When it may be worth setting aside neutrality
 US Richard Barbieri looks at conflict management contexts in which the suitability of neutrality may be challenged >>

RJ: victim's family, offender find peace
Watch the testimonial of the offender and read the views of the parties who participated in an RJ conference in New Zealand, facilitated by RI member Pamela Jensen (right) >>

RJ: videos from conference in Italy
Links to the proceedings from the international conference 'Restorative Justice, Active Responsibility, Participation, Reparation' held in January available here (in Italian or English) >>

What can mediators do to help parties overcome their biases?
 Strathclyde University's Catherine Brys looks towards neuroscience to understand how biases occur and proposes four possible inter-linked intervention areas >>

What I learned from studying neuroscience about the future of mediation
 US author Camaron Thomas summarises these into seven thoughts and how her studies have impacted on her mediation practice >>

Determinative DR

ACICA announces panel of tribunal secretaries 
The centre also published the ACICA Guideline on the use of tribunal secretaries to provide guidance for parties undertaking arbitration in Australia and the region >>

Security of Payment round-up in Australia Read this state-by-state overview of key decisions taken in 2016 with interesting developments also on the federal front >>

Australian federal court decision on arbitration agreements 
Decision highlights the importance of explicitly binding all parties to an arbitration agreement from the outset of the transaction >>

New arbitration procedural rules introduced in WA 
These new rules are considered a clear sign of WA courts' commitment to arbitration and should give parties confidence in the courts' ability to deal with arbitration matters >>

Record number of new arbitration cases filed in 2016 
Figures published by the International Court of Arbitration include an increase of 22% in the number of parties represented in South and East Asia >>

International arbitration: 10 trends in 2017 Authors predict continued efforts to optimise arbitration, new participants and an increasing range of subject matter >> 

New international arbitration rules come into force New Arbitration Rules of the International Chamber of Commerce as from 1 March offer proceedings by which disputes can be settled faster and more cost-efficiently >>

Timor-Leste withdraws claims against Australia Parties "reaffirmed their commitment to work in good faith towards an agreement on maritime boundaries by the end of the coniliation process in September 2017" >>

Swiss international arbitration law to be updated Draft bill aims to clarify open issues, strengthen party autonomy and enhance the user-friendliness of the Swiss legal framework in international arbitration >>

When "getting it right" is what matters most
 In this essay published in the latest edition of the Journal of Conflict Resolution, retired US Judge Wayne D. Brazil argues that when compared as processes, arbitrations are likely to yield higher quality decision than trials >>

Can machines replace the human brain? 
UAE researchers review litigation outcome prediction methods for construction disputes >>

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What's on

Resolution Institute events

Independence in government/ industry dispute resolution >>
Wellington, 1 March

Lawyers and mediation - a help or hindrance >>
Sydney, 8 March

1-day FDR workshop >>
Auckland, 9 March

Applying the SCARF model to mediation >>
Adelaide, 9 March

Conflict Coaching Practice Group >>
Sydney, 11 March


Addressing conflict in apartment living: the benefits of skilled mediation >>
16 March

Multiple locations

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

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

FREE Importance of explicit restorative practice >>
with Conflict Resolution Service
ACT, 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

FREE Community Courts >>
with the Australian Centre for Justice Innovation
Melbourne, 8 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

The Future of Elder Mediation >>
with VADR
Melbourne, 9 March

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

The ethics of negotiation >>
with ACT Law Society
ACT, 20 March

Implementing mediating money skills >>
with Shaw Mediation Australia
Adelaide, 28 March

Reframing threat as challenge: working with self-compassion and values as self-determination enablers >>
with Sandra Walden Pearson
Sydney, 28 March
Members receive $100 discount

Community Engagement Training >>
with the International Association for Public Participation (IAP2) and UTS Institute for Public Policy and Governance
Sydney, 29-31 March & 2-3 May

Facilitation essentials: engage and influence with groups >>
with UTS
Sydney, 5 April

Constructive conflict >>
with Bob Dick
Brisbane, 20-21 April

The Art of Facilitation >>
with Zenergy Global
Auckland, 1-5 March
Melbourne, 29 March-2 April

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

Creative Facilitation Masterclass - Design for Aliveness >>
with Viv McWaters
Melbourne, 26-27 April

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


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