Resolution Institute

Pulse

 
  OCTOBER 2017 Visit www.resolution.institute

Legal Update

brought to you by
Lipman prevented from paying lip-service to a contractual right to litigate
Empire Glass and Aluminium Pty Ltd v Lipman Pty Ltd [2017] NSWSC 253 >>


Thanks to Karen Ingram (Partner) and David Hamer from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update. 

Determinative DR

Failure to DIY - Determination set aside as adjudicator relies on third-party assistance
cbp.com.au
Partner in the dispute resolution and construction and engineering teams, Timothy Seton and Isabella Johnston shares case notes on St Hilliers Property Pty Limited v ACT Projects Pty Ltd & Anor [2017] ACTSC 177 >>

A step in the right direction: transparency lessons from Mauritius convention
corrs.com.au
Bronwyn Lincoln (Partner) and Jaclyn Masters (Senior Associate) share the influence that the Mauritius convention has had in relation to transparency. Including for Australia >>

Construction industry updates 
kreisson.com.au Construction lawyer, David Glinatsis information on: 
The long awaited release of the interim senate report into non-conforming cladding >>
- Prevention, good faith and an extension of time raised in Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 >>

Federal Court of Australia recognises and enforces ICSID award
lexology.com
Brenda Horrigan and Anne Hoffmann shares case notes on Lahoud v The Democratic Republic of Congo [2017] FCA 982 >>

What international arbitration is not
cliffedekkerhofmeyr.com
Jonathan Ripley-Evans explores the misconceptions about international arbitration and its relevance for South Africa >>

The rise of modern commercial arbitration and the limits of private ordering
papers.ssrn.com
Yale University graduate Christian Burset challenges assumption that DR is purely private by offering new account of the decline of extralegal commercial during the eighteenth century >>


Facilitative and restorative DR

Police discourage victims pressing charges against officers, offer mediation instead
stuff.co.nz Mediation and restorative justice for police complaints: NZ Independent Police Conduct Authority promotes approach despite some concerns >>

Mediation styles and their impact: Lessons from supreme and county courts of Victoria research project
papers.ssrn.com RI members, Prof. Tania Sourdin and Nikola Balvin comment on both mediator and litigant perceptions of the process, and cross-contextual comparisons are made with dispute resolution processes examined in previous research studies >>

What comes after neutrality in mediation ethics?
adrresearch.net RI members, Prof. Jonathan Crowe previews Dr Rachael Field and Jonathan Crowe’s forthcoming book, Mediation Ethics: From Theory to Practice >>

ADR in the regulation of aged care
adrac.org.au With changed legislative schemes, how ADR is being used to resolve disputes has changed >>

Judge McElrea shares restorative justice collection
napierlibrary.co.nz Former youth court judge and alternate judge of the environment court, McElrea shares his restorative justice collection >>

The neuroscience of restorative justice
ted.com Revisit this talk from UK psychologist Daniel Reisel about neuroscience of restorative justice >>

What “The blind men and the elephant” can teach us about perspective at the mediation table
mediate.com US mediator, Sheldon Stark draws insights from ‘The blind men and the elephant’ about the importance of helping disputants see the other side’s perspective >>

What do we mean by dialogue?
mediationblog.kluwerarbitration.com US mediator Constantin-Adi Gavrila posses questions to what is meant by dialogue >>

The German Mediation act five years on: the perspective of two judge mediators
mediationblog.kluwerarbitration.com UK mediator Greg Bond evaluates the German Mediation Act commissioned by the Ministry of Justice. He discusses the Act and its effects with two experienced mediator-judges working in German courts >>

Araiyavali becomes first dispute-free hamlet in Rajasthan
timesofindia.indiatimes.com Times of India reporter, Joychen Joseph discusses the narrowing approach to Judiciary in Araiyavali and the gates to Alternative Dispute Resolution will broaden >>


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What's on


Resolution Institute events

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

Elder Focus Day >>
Wellington, 3 Nov

WA Chapter Annual Meeting >>
Perth, 7 Nov

Early Dispute Resolution >>
Sydney, 8 Nov

Key Competencies in Negotiation >>
Perth, 9 Nov

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

Recent developments in costs orders in arbitration including third-party funding >> 
Melbourne, 15 Nov

SA Chapter Annual Meeting >>
Adelaide, 22 Nov

The Role of Humour in Mediation >>
Melbourne, 27 Nov

Construction Law Joint Seminar >>
Perth, 29 Nov

Newcastle Chapter Annual Meeting >>
Newcastle, 30 Nov


Webinars

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


Training workshops

Sydney Mediation Workshop >>

Sydney Advanced Conflict Management Coaching Workshop >>

Assessing Suitability >>

Conflict Management Coaching >>

UWA Construction Law Workshop 2017 >>

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

Handling Difficult People and Managing Conflicts in Organizations for EA/PA >>
with Clariden Global
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, 22-23 Nov

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

Conflict Resolution Conference 2017 >>
Wellington, 1 November

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

Free 3 day Aboriginal Family Law Conference >>
Sydney, 27-27 November

2017 Aboriginal Family Law Conference Dinner >>
Sydney, 28 November

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

Dunedin, 6-9 December

CLE Paris Global Law Conference >>
Paris, 4-6 January '18

21st Gulf Engineering Forum >>
Manama, Bahrain, 21-22 February '18

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

International Council for Commercial
Arbitration Conference >>

Sydney, 15-18 April '18

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Sydney - Wellington
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