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  JUNE 2017 Visit www.resolution.institute

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Legal Update

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Tips for arbitrators: the importance of reason
Ottoway Engineering Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2017] SASC 69 >>

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

Facilitative and restorative DR

Changes to domestic building DR in Victoria
onsite.minterellison.com Parties are now required to attempt to resolve disputes through conciliation before they can commence legal proceedings >>

Stories Mediators Tell 
shop.americanbar.org Help clients find positive outcomes to conflict resolution through the stories from 24 mediators from around the world including RI member Joanna Kalowski >>

How mediation has developed in family law
thymac.com.au RI member Nichola Di Muzio takes a look at the evolution and application of this process as distinct from the earlier conciliation conferences >>

What makes a profound apology? 
mediate.com RI member Greg Rooney shows how a skilled professional mediator can facilitate each step of the process >>

How RJ is helping in Queensland 
PODCAST soundcloud.com Martin Howard speaks to Restorative Justice International about his experience with the Sycamore Tree Project >>

Taking a culturally sensitive approach to FDR 
fairwayresolution.com Read about FairWay's Tumeke Whānau Whanui, developed specifically for NZ Māori based on traditional Māori values >>

How to talk about mental health without offending everyone
VIDEO  youtube.com Mediator Dan Berstein shares his journey and how conflict resolution skills can help overcome barriers to talking about mental health >>

Addressing mental wellbeing issues in the workplace 
cedr.com Read the key learning areas from a workshop on how mediation can manage workplace disputes where mental health issues are involved >>

Counter-intuitive habits worth developing
​PODCAST lenski.com Hear five game-changers that have helped Tammy Lenski use her conflict resolution skills optimally >>

The psychology and neurobiology of mediation
papers.ssrn.com Elizabeth Bader explores the neurobiological basis for the IDR cycle (Inflation, Deflation and realistic Resolution) and discusses recent findings in cognitive neuroscience >>


Determinative DR

Judicial review of adjudication determinations in focus
onsite.minterellison.com Appeal in South Australia will impact on the certainty of adjudications under the Security of Payment legislation in other states >>

Practical completion date in NSW appeal
jade.io Court held that the payment claim had been validly made prior to the relevant reference date in the court >>

Parties held to pre-agreed DR requirements
hopgoodganim.com.au Queensland Supreme Court held this was required even if compliance is not a precondition to commencing litigation >>

Can arbitration assist in developing Common Law?
PODCAST  corrs.com.au
 Corrs partner Andrew Stephenson (pictured) and Associate Astrid Andersson consider the Australian perspective >>

Recent developments in Australia reviewed
kwm.com Judicial decisions show that Australian courts remain steadfast in their support of international arbitration >>

New family law arbitration scheme announced
jordanpublishing.co.uk University of Sydney Professor Patrick Parkinson (pictured) and David Hodson will launch the scheme to help couples resolve which country they have the closest connection to >>

How can an expert accountant help resolve disputes?
intheblack.com Australian practitioners explain how accountants can help as expert witnesses by explaining complex or large volumes of data simply >>

How is economics used in international arbitrations?
kluwerarbitrationblog.com Such analysis is key for tribunals to become aware of the tradeoffs between the benefits and harm obtained via contract modification >>

The Culture of International Arbitration
global.oup.com By interviewing leading experts, Professor Won L. Kidane highlights the acute need for increasing diversity in appointments with appropriate levels of cultural competence >>

The Quiet Triumph - How Arbitration Changed the World
VIDEO  vimeo.com Directed by Swedish documentary film producer Martin Borgs, see this recount of the story of international arbitration, with events in Sweden in the foreground >>

Is arbitration just a click away?
burr.com Read how the two types of basic agreements found in internet sales have been treated by US courts >>


DR in general

ADR mapping project resources
adrac.org.au Access the Australian Dispute Resolution Advisory Council's website for papers on various topical DR issues >>

DR video series published
VIDEO youtube.com Produced by Victoria University in conjunction with the Dispute Settlement Centre of Victoria, mock mediation and arbitration sessions were filmed together with debriefings >>

​​​​​​​The global trends shaping DR today
sidra.academy Read how Singapore International Dispute Resolution Academy's faculty member and Global Chief Litigation Counsel for GE Oil & Gas, Michael McIlwrath, thinks practitioners can position themselves >>

DR data research service
disputeresolutiondata.com Dispute Resolution Data aggregates information from 17 international entities by case type and geographic regions >>


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

Mediating personal injury claims >>
Sydney, 29 June

The voice of the child in family mediation with David Hoffman >>
Auckland, 4 July

Intercultural issues in family mediation with David Hoffman >>
Auckland, 5 July

Employment Mediation >>
Wellington, 5 July

Sydney Conflict Coaching Practice Group >>
Sydney, 8 July

Commercial mediation - what we can learn from the New Zealand experience >>
Melbourne, 10 July

Mediating to respond to the growing DR needs of an ageing population >>
Perth, 13 July

Expert determination to resolve building and construction disputes >>
Canberra, 20 July


Webinars

From the trenches - using restorative conferencing practices to repair high conflict family disputes >>
18 July

FDR in a multicultural & multi faith Australia: Meeting the needs of Australian Muslims >>
27 July

Elder mediation and screening for elder abuse >>
31 July


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 >>

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

The Essence of Leadership: Diversity & Inclusion in the Contemporary Workplace >>
with the Australian Institute of Management
Hobart, 29 June

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

Child Protection Studies Programme
with Child Matters
Gisborne, 3-7 July >>
Hamilton, 10-14 July >>
Wellington, 17-21 July >>
Rotorua, 31 July-4 August >>

Careers in International Arbitration >>
with ICC Young Arbitrators Forum
Melbourne, 5 July

Solutions Focus Coaching >>
with Paul Z Jackson, Janine Waldman and Andrew Rixon
Online 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 >>

Family Law Residential >>
with Queensland Law Society and Family Law Practitioners Association (Qld)
Gold Coast, 13-15 July

Resolving a religious dispute through mediation in India >>
with Victorian Association for Dispute Resolution
Melbourne, 17 July

Mediation Master Class:
Advanced Conflict Skills >>

with Cyngler Consulting
Melbourne, 17-19 July

The Essence of Leadership: “What employees want – from leadership” >>
with the Australian Institute of Management
Launceston, 26 July

HR workshops >>
with The Zalt Group
26-27 July: Facilitating Difficult Workplace Conversations
7 August: Workplace Investigations Training
Melbourne

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

Group-centred ADR >>
with On Country Heritage & Consulting
Melbourne, 3-4 August

Nonviolent communication foundation training >>
with The Communication Group
Melbourne, 5-6 August

Facilitation essentials >>
with UTS
Sydney, 15 August

Conflict Transformation through
Group Conferencing >>

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

Monash University workshops
with Bill Eddy
11 September: Managing High Conflict People in Family Law >>
12 September: Mediating High Conflict People >>
Melbourne

Understanding and Managing High-Conflict People >>
with The University of Newcastle and Newcastle Law Society
Newcastle, 18 September

Course on Restorative Approaches in Youth Settings >>
with Transforming Conflict
Berkshire, UK, 6-11 November

Sent by Resolution Institute,
Sydney - Wellington
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