Resolution Institute

Pulse

 
  SEPTEMBER 2017 Visit www.resolution.institute

Legal Update

brought to you by
Challenging agreements to arbitrate
Fitzpatrick & Ors v Emerald Grain Pty Ltd [2017] WASC 206 >>

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

Online resources

PDF WA: Men's lived experience and the implications for mediation services
Dr Frances Britton and Mandy Drommer present the findings of their qualitative study>>

PODCAST NSW: Bioethics mediation 
Dr Nicole Ash, explore the partnership between mediation and healthcare >>

PODCAST QLD: Compulsory mediation to farm business debts in Queensland 
John Simpson discusses the role of the Queensland Rural and Industry Development Authority in the context of farm business debt mediation >>

PDF NSW: Adjudication discussion evening 
Shaun Bailey, David Campbell-Williams and Charles Brannen discuss the latest judgments involving adjudications >>

PDF | PODCAST QLD: Constructive coversations
Dr Serge Loode shares how mediators can create constructive conversations and safe spaces for discussion >>


Determinative DR

Australia catching up on international arbitration front
lawyersweekly.com.au
Jo Delaney, partner at Baker McKenzie, shares that a growth in international arbitration has pushed major firms to build arbitration capabilities >>

The interpretation of arbitration agreements by the Australia courts
herbertsmithfreehills.com
Elizabeth Macknay and Scott Ivey interpret the decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 >>

Australian court sets aside an international arbitration award and removes an arbitrator
hsfnotes.com
HSF explores recent case decisions on when a court may terminate an arbitrator’s mandate >>

Women in arbitration: from private practice to independent arbitrator
arbitrationblog.practicallaw.com Jean Kalicki, US independent arbitrator, on her journey from private practice to life as an independent arbitrator >>

Construction Law Update August 2017
minterellison.com
Details of recent court decisions on adjudication cases across Australia >>

Non compliant supporting statement means payment claim is invalid
kreisson.com.au
David Glinatsis shares case notes on Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 >>

Can the re-agitation of payment claims ever be ok?
kreisson.com.au
David Glinatsis shares case notes on Arconic Australia Rolled Products Pty Limited v McMahon Services Australia Pty Ltd [2017] NSWSC 1114 >>


Facilitative and restorative DR

Apologies, mediation and the law: resolution of civil disputes
papers.ssrn.com RI chair Margaret Halsmith, RI member Robyn Carroll and Alfred Allan on how mediators can deal with complexity associated with apologies >>

ADR mapping: facilitation
adrac.org.au RI board member Dr Rosemary Howell provides the definition, types, applications and approaches of facilitation >>

Can your beliefs about someone alter their behavior?
lenski.com Dr Tammy Lenski shares how your unspoken expectations may alter someone's actual behavior >>

Why mediators should not overestimate what they can do
kluwermediationblog.com Greg Bond discusses the voluntary nature of mediation >>

Why reflective practice groups matter for mediators
mediate.com Michael Lang and Rochelle Arms share how practice groups can enable mediators to attain mastery >>

Negotiations and logrolling: discover opportunities to generate mutual gains
pon.harvard.edu Which motive is more effective in reaching agreement - personal gains or mutual gains? >>

Where might ambiguity add value?
kluwermediationblog.com Charlie Woods on how ambiguity imparts value to the mediation process >>

Family Dispute Resolution – it’s not happening (much)
The Family Advocate Volume 19 Issue 1, Nigel Dunlop explores reasons for low utilisation of FDR >>

How to talk about mental health without offending everyone
youtube.com Mediator Dan Berstein shares how DR skills can overcome barriers to conversations about mental health >>


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

Conflict Coaching Group: Accreditation >>
Sydney, 14 Oct

Recent developments in arbitration >>
Melbourne, 16 Oct

Adjudicators' Masterclass >>
Perth, 21 Oct

Diverting indigenous families: from care protection system to family law system >>
Sydney, 24 Oct

Conflict Resolution Conference 2017 >>
Wellington, 1-2 Nov

Elder Focus Day >>
Wellington, 3 Nov

Early Dispute Resolution >>
Sydney, 8 Nov

Conflict Coaching Group: Resource Month >>
Sydney, 11 Nov


Webinars

Innovations in arbitration by Rashda Rana >>
25 Oct

Community mediation by Wi Pere Mita >>
26 Oct

FDR in a multicultural & multi-faith Australia: meeting the needs of Australian Muslims >>
6 Nov


Training workshops

Arbitration training >>

Mediation NMAS training >>

Mediation 'Refresher' training >>

Mediator assessments >>

CINERGY™ 4-day conflict coaching >>

CINERGY™ 2-day 'Refresher' training >>

CINERGY™ 3-day Advanced workshop >>

Probity Services Accreditation Course >>

Assessing suitability & preparing clients for mediation (1 day skill extender) >>


Other CPD & training

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

Conquering Conflict >>
with Time2talk Leadership
Melbourne, 3 Oct

Creative Facilitation: Bring Meetings to Life >>
with The Letter Lounge Cafe & Gifts
Brisbane, 9-10 Oct

Facilitation essentials >>
with UTS
Sydney, 10 Oct

Child Protection Studies Programme >>
with Child Matters
Rotorua, 6-10 Nov

Nonviolent communication foundation training >>
with The Communication Group
Sydney, 14-15 Oct

Introduction to Collaborative Practice Training >>
with Clarissa Rayward and Anne-Marie Rice
Brisbane, 27-28 Oct

Handling Difficult People and Managing Conflicts in Organizations for EA/PA >>
with Tom Harbottle
Sydney, 1-2 Nov

Sydney Mediation Practice Group >>
with interMEDIATE Dispute Management
Sydney, 6 Nov 

Course on restorative approaches in youth settings >>
with Transforming Conflict
Berkshire, UK, 6-10 Nov

Conciliation in the shadow of the law >>
with David Bryson and Michael Mitchell
Melbourne, 13-14 Nov

Art of nonviolent communication (NVC) mediation >>
with Kate Raffin
Brisbane, 14-18 Nov

Workplace conflict resolution trainings >>
with The Zalt Group
Melbourne, 14 Nov
Melbourne, 22-23Nov

Conflict Transformation through Group Conferencing >>
with Dr David Moore and Dr Alikki Vernon
Melbourne, 22-24 Nov

The online solutions focus coaching program >>
with Babel Fish Group
Melbourne, 8-29 Nov

Tuscany Mediation Retreat >>
with Margaret Ross, Greg Rooney and Barbara Wilson
Tuscany, 16-23 Jun '18


Conferences

Mediators Beyond Borders International Congress >>
The Hague, The Netherlands, 4-6 October

International Bar Association Annual Conference >>
Sydney, 8-13 October

World Forum of Mediation Centres >>
Singapore, 12-14 October

2017 HK Arbitration Week >>
Hong Kong, 15-20 October

Australasian Facilitators Network Conference 2017 >>
Stanwell Tops, NSW, 16-18 October

Restoring Focus on the Child >>
Oregon, US, 18-20 October

Learning in the 21st Century:
A Restorative Vision >>

Pennsylvania, US, 23-25 October

8th Asia Pacific Mediation Forum Conference >>
Da Nang, Vietnam, 11-13 November

5th lnternational Arbitration Conference >>
Perth, 21 November

Family & Relationship Services
Australia Conference >>

Melbourne, 22-24 November

Regional Arbitral Institutes Forum (RAIF) Conference 2017 >>
Sydney, 25 November

Law and Society Association of
Australia and New Zealand Conference >>

Dunedin, 6-9 December

No More Harm National Conference >>
Melbourne, 12-13 April '18

International Council for Commercial
Arbitration Conference >>

Sydney, 15-18 April '18

Sent by Resolution Institute,
Sydney - Wellington
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