Resolution Institute

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  MARCH 2017 Visit www.resolution.institute


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Legal Update

Arbitrate or litigate? The Federal Court confirms that an alleged arbitration agreement and the mere possibility of a stay are not sufficient to prevent proceedings.
Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6 >>

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


Facilitative and restorative DR

Lawyers in mediation - how are they measuring up?
Share your experience of lawyers present in mediations and contribute to UNSW PhD research project >>

Conflict coaching complements ADR processes
adrac.org.au In this paper published as part of the Australian Dispute Resolution Advisory Council's ADR Mapping project, RI member and trainer Lynora Brooke describes the wide range of areas in which conflict coaching is used >>

Why ADR is needed in NZ schools
fairwayresolution.com
 Looking at a recent situation involving Wellington College, NZ Denise Evans calls for DR processes to be put in place to manage school disciplinary conflicts >>

Choosing the right DR process for the dispute
adrresearch.net
 Monash University graduate Carmelene Greco explains why arbitration might be more appropriate than mediation to resolve workplace bullying disputes >>

Why mediation is suitable to resolve will disputes
willclaim.com
 UK will disputes specialist firm blog explains how mediation offers a more cost-effective and less stressful resolution of these disputes >>

New mediation Bill published in Ireland
mccannfitzgerald.com 
Read the key provisions of the Bill which will put mediation on a statutory footing and will lead to the setting up of the Mediation Council of Ireland to oversee its progress >>

Trust development challenge in ODR
papers.ssrn.com 
US authors Noam Ebner and Jeff Thompson look at the nonverbal communication element in ODR and how this can contribute to party trust in mediation >>

Impact of fragmentation on peace prospects
hdcentre.org 
Geneva-based Centre for Humanitarian Dialogue looks at strategies peacebuilders have used in response to the proliferation of multiple actors in a conflict >>

How international settlement agreements may be enforced
cedr.com 
This commentary looks at the continued discussion by UNCITRAL over a possible instrument for enforcement of mediated settlements >>

Mediation should not attempt to eliminate differences
mediate.com
 US transformative mediation expert Dan Simon argues that the goal of conflict intervention should be to acknowledge differences and support disputants to make their own decisions about what to do with them >>

Call for reform of US model mediator standards
scholarship.law.marquette.edu 
Omer Shapira provides a critical assessment of the Model Standards of Conduct Mediators (2005) a decade after their adoption, pointing to key issues that should be addressed in reforming them >>


Determinative DR

Victorian court provides guidance on time constraint
hsfnotes.com 
Supreme Court confirms party is not required to comply with time constraint where the arbitrator has made 'a conscious decision not to deal with an issue' >>

SoP ruling confirms difference over judicial review
commbarmatters.com.au
Recent NSW Court of Appeal decision ruling out judicial review for non-jurisdictional error of law confirms the difference in position with Victoria, where judicial review continues to be allowed >>

Timeliness key when a garnishee order may be served
klgates.com NSW Supreme Court decision highlights need for parties to act promptly when seeking to have an adjudicator's determination set aside >>

Arbitration clause designating wrong institution incapable of being performed
clydeco.com The Singapore High Court decision emphasises the need for great care when crafting arbitration agreements to ensure they are enforceable >>

International TMT DR surveyed
arbitration.qmul.ac.uk The Queen Mary, University of London survey reveals common practices for resolving these disputes, including the use of ADR and seeks to predict efficient solutions to challenges surrounding TMT disputes >>

When is arbitration the answer?
PODCAST  corrs.com.au
 Listen to this live discussion held recently in Melbourne for industry professionals in the construction industry with the Honourable Justice Croft, Albert Monichino QC and Corrs International Arbitration Partner, Bronwyn Lincoln >>

Options for resolving construction conflicts in Asia
legalbusinessonline.com 
As construction booms in the Asian region, parties are looking at different ways to address issues as early as possible and the use of different DR methods >>

Where should I arbitrate? The good, the bad and the ugly
arbitrationblog.practicallaw.com 
Read about a discussion on the comparative risks and rewards of arbitrating in a number of jurisdictions - who leads the pack, who are the challengers and the contender for the last two epithets in the title? >>

Revised ICC Arbitration Rules come into force
blplaw.com 
The amendments announced at the end of last year, including the introduction of a new Expedited Procedure designed to reduce the duration and cost of ICC arbitration, came into force on 1 March >>


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 >>

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What's on


Resolution Institute events

Opportunities for DR in family law >>
Brisbane, 30 March

Resolution Institute: a professional membership organisation guided by strategy >>
Canberra, 30 March

Resolving disputes in the construction industry >>
Melbourne, 30 March

Review of Security of Payment Laws >>
Melbourne, 4 April

Ethics in Mediation >>
Wellington, 5 April

Government and DR: accelerating the positive feedback loop >>
Perth, 6 April

Sydney Conflict Coaching Practice Group >>
Sydney, 8 April

Fast track resolution of construction disputes using an adjudication process  >>
Newcastle, 11 April

Reaching consensus: lessons from multilateral negotiations on UN peacekeeping >>
Sydney, 12 April

Participating in commercial mediations as a legal advisor >>
Brisbane, 26 April


Webinars

It’s all your fault: working with difficult personalities and clients who blame everything on others >>
26 April


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

Off with the wig: Issues that arise for advocates when switching from the courtroom to the negotiating table >>
with the Australian Disputes Centre
Sydney, 30 March

From ADR to JDR in the Israeli judicial legal system >>
with Victorian Association for Dispute Resolution
Melbourne, 3 April

Sydney Mediation Practice Group >>
with interMEDIATE Dispute Management
Sydney, 3 April

FREE Introduction to conflict resolution >>
with Queen Margaret University, Edinburgh
ONLINE, 3-28 April

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

Conciliation in the shadow of the law >>
with David Bryson & Michael Mitchell
Melbourne, 5-6 June
Members receive 10% discount

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

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Sydney - Wellington
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