Resolution Institute

Pulse

 
  APRIL 2017 Visit www.resolution.institute

Legal Update

Snapping the olive branch: when expert determination clauses go wrong
Raskin v Mediterranean Olives Estate Limited & Ors [2017] VSC 94 >>

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


Facilitative and restorative DR

Contributions from the National Mediation Conference 2016 published
sites.thomsonreuters.com.au Articles based on papers presented at the conference themed "Thought, innovation and creativity: the next decade" have been published in a special issue of the Australasian Dispute Resolution Journal >>

NZ study finds RJ benefitting victims
justice.govt.nz The Ministry of Justice's 2016 Victim Satisfaction Survey finds 75 per cent of victims surveyed were able to say how restorative justice benefitted them. Read the full report here >>

New publication addresses ethical issues in DR
adrresearch.net 
Edited by RI members Lola Akin Ojelabi and Mary Anne Noone with contribution by other members and expert practitioners this special issue of the journal Law in Context  provides insights into aspects of justice, quality and practice issues in diverse DR settings >>

10 rules for better conversations
VIDEO  ted.com US radio host Celeste Headlee discusses conversational competence in the 21st Century >>

Conciliation's role in DR reviewed
adrac.org.au 
In this paper published as part of the Australian Dispute Resolution Advisory Council's ADR Mapping project, RI member David Bryson looks at the principles that define conciliation, core skills required and current issues >>

Can mediators draw on religion to train negotiations?
insightonconflict.org 
Authors provide insight into successfully drawing from religious sources during mediations within communities of faith >>

Impact of NZ changes to family court in focus
radionz.co.nz 
Recent increase in the number of mediation hours will help meet some of the challenges being faced by parents while cost may be another potential barrier that needs to be looked into >>

How to create neurochemistry in mediation
mediate.com 
US mediator Jeffrey R. Windsor explains the role of the mediator in creating trust and cognitive ease in effective mediations >>


Determinative DR

Not-so-minor amendments to the Cth arbitration act
mcrbenchpress.blogspot.com RI members Russell Thirgood and Erika Williams review the Bill recently introduced in the Senate and argue changes will bring the act in line with international best practice >>

Arbitration amendment bill introduced in NZ
legislation.govt.nz 
Bill aims to update legislation with respect to trust deeds, confidentiality, setting aside an award and failing to raise timely objections >>

When a USB may not serve its purpose
corrs.com.au RI members Shaun Bailey and Thomas Denehy review a recent decision by the NSW Supreme Court that found the provision of a USB cannot be safely regarded as sufficient service of an adjudication response >>

SA court rules on certiorari in SoP
onsite.minterellison.com 
Supreme Court finds that certiorari on the ground of error of law was impliedly excluded by the BCISP Act 2009 (SA) >>

New Zealander Wendy Miles QC on the changing world of arbitration
arbitrationblog.practicallaw.com In this interview Wendy discusses the changing landscape for women and gives career tips for practitioners starting out in arbitration >>

ICCA elects Gabrielle Kaufmann-Kohler as President-elect
arbitration.icca.org Her experience is considered ideally suited to lead the International Council for Commercial Arbitration's further growth and to tackle the challenges ahead >>

Promoting parity within arbitration
PODCAST  gqualcampaign.org Listen to this podcast with Mirèze Philippe, Co-Founder of ArbitralWomen about the importance of visibility and conversations in changing unconscious biases to bring about equal representation >>

How civil law principles could benefit arbitration proceedings?
lawgazette.com.sg Taking the cue from the recent Queen Mary survey (reported in last month's Pulse) this article looks at a number of civil law aspects that may reduce time and cost >>

Does predictability threaten the effectiveness of modern arbitration?
hsfnotes.com German-based Mathias Witthinghofer argues that emphases should be more placed on the flexibility and party autonomy offered by arbitration and that lack of predictability offers new opportunities for DR >>


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

Using dispute resolution skills to prevent conflict >>
Melbourne, 26 April

The role of the Supreme Court in Arbitration >>
Perth, 26 April

Participating in commercial mediations as a legal advisor >>
Brisbane, 27 April

Resolution of family law property disputes >>
Sydney, 27 April

Walking the mediation highwire - Singapore style >>
Brisbane, 9 May

Drafting DR clauses - international and domestic >>
Melbourne, 17 May

Review and DR at the ATO >>
Perth, 17 May

Opportunities for DR in family law >>
Brisbane, 25 May

Launch of new DR book >>
Sydney, 25 May


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 >> 

NEW Managing abrasive behaviour >> 

ONLINE Group Supervision >> 


Other CPD & training

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

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

Nonviolent Communication Foundation Training >>
with the communication group
Melbourne, 29-30 April
Sydney, 6-7 May

Secrets to Resolving Business Disputes >>
with the Office of the Small Business Commissioner
Adelaide, 2 May

Changeology
with Conversation Spaces Australia in Brisbane
Facilitate with Confidence, 3 May >>
Engagement Lab, 4 May >>

The Essence of Facilitation >>
with Zenergy Global
Auckland, 3-7 May

FREE International and domestic child abduction >>
with Parramatta Region Family Law Interagency
Parramatta, 8 May

Evidence based law and practice >>
with the University of Newcastle
Newcastle, 22 May

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

Emotion, Outrage and Public Participation
with iap2
Wellington, 23-24 May >>
Melbourne, 30-31 May >>
Sydney, 30-31 May >>

Foundations of facilitation >>
with Bob Dick
Brisbane, 1-2 June

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

International ADR Sessional School >>
with Australian Disputes Centre
Sydney, 12-16 June

Facilitation essentials >>
with UTS
Sydney, 14 June

FREE Panel Discussion on Alternative Dispute Resolution and Justice >>
with La Trobe University
Melbourne, 15 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

Sent by Resolution Institute,
Sydney - Wellington
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