Resolution Institute


  JULY 2017 Visit

Legal Update

brought to you by
Prefer arbitration over litigation? Make sure your agreement contains a clear arbitration clause
AGL Energy Ltd v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 >>

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

Facilitative and restorative DR

Cinergy Conflict Management founder wins award Congratulations to Cinnie Noble, whose courses are delivered by RI, as the recipient of the 2017 Ontario Bar Association Award of Excellence for her contribution to DR >>

How DR can address elder abuse
VIDEO See how Respecting Elders in Victoria supports older people to resolve conflict and prevent abuse >>

Ethical conundrums facing mediators La Trobe Law School's Judy Gutman and RI member Jodie Grant consider issues arising in family and civil disputes and recommend changes to training and standards >>

When to call in the mediator Asia-based writer Mark Phillips shows why a mediator can be better placed to assist business partners to resolve disputes than their accountant >>

RJ pioneer Dan Van Ness interviewed
PODCAST He speaks on his decades of experience with Prison Fellowship and the Sycamore Tree Project (including in Australia) and why DR practitioners should consider taking up RJ >>

Call for mandatory farm debt mediation in Tasmania This would be in line with legislation in Queensland (introduced on July 1), Victoria and New South Wales >>

What concerns young mediators most RI member, Auckland University Teaching Fellow Ian Macduff writes about the 'existential imperatives' and the risks associated with them >>

NZ Utilities Disputes annual report reflects on new direction First annual report since re-brand suggests increasing focus on education and early resolution and awareness >>

The nuts and bolts of mediation
BOOK Using the behavioural theories of interests, rights, and power, this text looks afresh at the role of the mediator and the parties at each step of the process >>

Call for Irish mediation bill to be amended 
Law Society seeks to uphold the principle of confidentiality and strengthen regulation and standards >>

Win-Win in practice 
With examples from US European football (soccer) and US ice-hockey the author shows how mediation may not only help athletes and associations but sports disputes may help mediation too >>

Determinative DR

The "prevention principle" in construction contracts
 RI member Brendan Reilley and colleagues find recent NSWCA decision emphasises its importance extends to the broader Australian construction industry >>

SOP: Wait for your reference date! NSW Supreme Court confirms payment claim under the SOP will only be valid if submitted on or after the reference date >>

NSW court turns "practical completion" on its head
 RI member Sandra Steele and colleague Michael O'Callaghan summarise the implications for building and construction from a recent decision involving Fairfield CIty Council >>

When is judicial review of arbitral rewards appropriate?
 RI member Andrew Orford and colleague Ben Garvey find recent case confirms Queensland is in line with other jurisdictions in this area >>

How "final and binding" is an expert determination? Case review indicates that it will be unlikely to set aside a determination which parties agreed in advance will be "final and binding" >>

Can foreign investors sue the UK for Brexit?
VIDEO View this lively debate over whether viable investment arbitration claims may be made against the UK >> or read this report >>

Making damages more understandable
BOOK This Global Arbitrations Review's publication covers aspects of damages such as the legal principles, main valuation techniques, industry-specific questions and topics such as tax and currency >>

Building an arbitration culture in the Caribbean and Latin America
VIDEO A panel considers how arbitration can advance the social and economic wellbeing of this diverse region >>

Dispute Resolution and Climate Change
BOOK DR practitioners review how these issues could be factored into existing processes, in particular international arbitration>>

Professional indemnity and public liability

Members can access a competitive insurance package through Astute Insurance Services >>

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 shuttle mediation effectively in FDR >>
Sydney, 3 August

Men's lived experience and the implications for mediation services >>
Perth, 8 August

New developments in domain name arbitration >>
Melbourne, 16 August

Determinative forum >>
Perth, 16 August

Med-Arb: A way to settle children’s matters without going to court>>
Newcastle, 23 August

Challenges to the Adjudicator >>
Melbourne, 30 August


Elder mediation and screening for elder abuse >>
31 July

Cross-cultural community mediation: insights for mainstream practice >>
10 August

Mediating with diversity of sex, gender and sexuality – taking “inclusion” from theory to practice by Dr Olivia Rundle >>
29 August

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

Child Protection Studies Programme
with Child Matters
Rotorua, 31 July-4 August >>
Tauranga, 14-18 August >>
Christchurch, 11-15 September >>
Invercargill, 25-29 September >>

The 'Expert' Expert Witness >>
with Monash Law School
Melbourne, 2 August

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

Nonviolent communication foundation training
with The Communication Group
Melbourne, 5-6 August >>
Sydney, 26-27 August >>

HR workshops >>
with The Zalt Group
7 August: Workplace Investigations Training

Australian ADR Awards Dinner >>
with Australian Disputes Centre
Sydney, 10 August

Intensive course in mediation >>
with Auckland Law School
Auckland; 10-12 August, 7-9 September

Commercial alternative dispute resolution (masterclass) >>
with Monash Law School
Melbourne; 10, 17, 24, 31 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 >>

Building leadership and resilience through action learning >>
with Bob Dick
Brisbane, 14-15 September

Advanced Collaborative Practice Workshop
with Clarissa Rayward and Anne-Marie Rice
Melbourne, 16 September >>

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