Resolution Institute


  MAY 2017 Visit

Legal Update

brought to you by
Dispute(d) resolution clauses: upholding the commercial commonsense approach
Empire Glass and Aluminium Pty Ltd v Lipman Pty Ltd [2017] NSWSC 253 >>

Thanks to Karen Ingram (Partner) and Zoe Hungerford from Clayton Utz Litigation and Dispute Resolution team.

Facilitative and restorative DR

Farm debt mediation around Australia With the Queensland bill coming into effect in July the WA regime is reviewed in light of this new legislation >>

Mediation in Queensland floods class action NSW Supreme Court orders Queensland government and state's dams managers to seek a mediated settlement with almost 7,000 flood victims from the 2011 crisis >>

New international mediation procedure launched 
The International Institute for Conflict Prevention & Resolution streamline earlier procedures created for Europe and Brazil to be used anywhere in the world >>

Pope urges mediation to end N.Korea crisis 
Pope calls on a third country such as Norway to try to cool a situation that had become too hot >>

Developing a model for mediating family violence cases
 Read Monash University's Becky Batagol and Bond University's Rachael
Field's work-in-progress on a safe and supported model that can be used across a range of contexts beyond family law >>

Community courts: producing better results
VIDEO The presiding judge of the Red Hook Community Justice Centre in New York explains why it is being used as a model for the successful application of procedural justice >>

Understanding stress during mediation
Chicago-based Jill Tanz and Martha McClintock explain how understanding the effect of stress hormones can help mediators interpret the parties' behaviour >>

What is the potential for e-mediation at work? US researchers propose several suggestions for the use of e-mediation generally and in the workplace specifically >>

How employment mediation has developed The UK experience over the last decade is reviewed as successful in providing users more say around the process to fit the needs of the case >>

When mediation is ordered by the court Resolution Institute member Anthony Lo Surdo SC identifies the obligations imposed on parties ordered to mediation by the New South Wales' courts >>

Sometimes going 'soft' on crime gets better results Citing examples from Australia and New Zealand, researcher Dr Liz Richardson points out particularly the positive potential of Restorative Justice conferencing >>

New online Restorative Community of Practice launched
VIDEO NZ Victoria University's Diana Unwin Chair in Restorative Justice set up this platform for sharing best practice in RJ >>

Revised code of professional conduct for mediators launched
International Mediation Institute's review attempts to move the ethical goalposts toward more reflective, thoughtful practice >> 

Determinative DR

All Australian states and territories are now Model Law jurisdictions ACT's adoption of the UNCITRAL Model Law on International Commercial Arbitration means that this now applies to both international and domestic arbitrations seated in Australia >>

Queensland court considers confidential disclosure 
In a rare case reasons for disclosure were not made public but instead given to the parties confidentially >>

How to interpret the words 'may' and 'must' This survey looks at how these are interpreted in common law countries such as Australia >>

Foreign arbitral awards easily enforced Recent case law confirms Australian courts' policy of minimal intervention in matters settled overseas >>

Accelerating the pace of international arbitration Compare the main features of the new ICC's expedited procedure provisions and other institutional rules >>

LCIA Facts and Figures for 2016 published Statistics confirm London's strong popularity as an arbitral seat, attracting disputes from a number of industry sectors and involving parties from across the world >>

Brexit will have "beneficial effect" on arbitration UK's Lord Chief Justice argues that London would be free from the "hamstringing complications" of the Brussels Regulation on recognition and enforcement of civil judgments across the EU >>

Global Arbitration Review releases research tool The new site provides information on arbitrators who have recently appeared in proceedings and who has appeared as counsel before them >>

How will technology impact on arbitration? Although parties might be able to appoint Machine Learning Systems as arbitrators, this article argues that key human characteristics such as emotion, empathy and the ability to explain a decision will be missing >>

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

Collaborative practice features and benefits >>
Adelaide, 24 May

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

DR in Australia - a fresh perspective >>
Sydney, 25 May

Implications of recent High Court decision on Security of Payment Acts >>
Melbourne, 31 May

Arbitrators Master Class >>
Melbourne, 3 June

FDR in family violence cases >>
Parramatta, 7 June

Expert evidence in arbitration >>
Melbourne, 14 June

Resolving disputes within the boardroom >>
Adelaide, 20 June

The voice of the child in family mediation with David Hoffman
Christchurch, 20 June >>
Wellington, 22 June >>
Auckland, 4 July >>

Dealing with the challenges of court-connected mediation >>
Newcastle, 20 June

Resolving family disputes out of court >>
Melbourne, 21 June

Intercultural issues in family mediation with David Hoffman
Christchurch, 21 June >>
Wellington, 23 June >>
Auckland, 5 July >>


Using dispute resolution processes in matters where there is a history of domestic and family violence >>
30 May

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

Emotion, Outrage and Public Participation >>
with iap2
Sydney, 30-31 May

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

Introduction to Elder Mediation >>
with Consensus Conflict Management
Brisbane, 8-11 June

Introductory Collaborative
Training (Interdisciplinary) >>

with Dr Anne Purcell, John Thynne
and Cassandra Pullos
Gold Coast, 9-10 June

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

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

ADR Professional Development Workshops >>
with La Trobe Law School
Melbourne, 14 June

Facilitation essentials >>
with UTS
Sydney, 14 June

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

Creative Facilitation: Bring Your Meetings To Life >>
with Viv McWaters
Melbourne, 15-16 June

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

30th Annual Summer Professional Skills Program in Dispute Resolution >>
with Pepperdine School of Law
California, US, 22-24 June

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

Advanced Collaborative Practice Workshop
with Clarissa Rayward and Anne-Marie Rice
Byron Bay, 6 July >>
Sydney, 27 July >>

Introduction to Collaborative Practice Training
with Clarissa Rayward and Anne-Marie Rice
Byron Bay, 7-8 July >>
Sydney, 28-29 July >>

Mediation Master Class:
Advanced Conflict Skills >>

with Cyngler Consulting
Melbourne, 17-19 July

Advanced facilitation >>
with Bob Dick
Brisbane, 27-28 July

Conflict Transformation through
Group Conferencing >>

with Dr David Moore and Dr Alikki Vernon
Melbourne, 30 August-1 September
Members receive 10% discount

Sent by Resolution Institute,
Sydney - Wellington