Resolution Institute

Pulse

 
  MARCH 2018 Visit www.resolution.institute

Legal update

brought to you by
High Court rejects review of SOP Act adjudication determinations for non-jurisdictional error
Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 >>
Thanks to Mark Gillard (Special Counsel), Jack Fan (Special Counsel), and Frank Bannon (Partner) in Clayton Utz's Major Projects & Construction Disputes team, for preparation of the Legal Update.

Member's voice

John Hardie, New Zealand
Reflections on training mediators in Tonga >>


About DR

Adjudication

The End Of The "Deemed Liability" Adjudication In Western Australia
The WA Supreme Court indicates that errors in the process of implying provisions into a construction contract and/or failing to properly construe these provisions can amount to jurisdictional error >>

WA Adjudication activity report for first half 2017/18
A decline in application numbers and claims value since first half of 2016/17 >>

Queensland's new project bank account regime: What you need to know
Become familiar with the regime under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act), which commenced on 1 March 2018 >>

Arbitration

The reform of commercial arbitration in Australia
Read this 2018 paper on recent and prospective developments in the field >>

New Zealand International Arbitration Centre (NZIAC) launches new rules
With the move, NZIAC aims to promote New Zealand as a fair, safe and neutral regional hub for international dispute resolution >>

Dispute involving joint venture held arbitrable
Australian Federal Court stays winding up application to allow arbitration of underlying dispute between the joint venture parties >>

Arbitrating Fast and Slow
Could parties in international arbitration influence the value of damages in awards, by (mis)leading arbitrators into cognitive biases? >>

Mediation

Mentalizing-based mediation
Read mentalization-based treatment could provide a theoretical framework through which to understand the behaviour of parties during a mediation process >> 

Tips to build your mediation practice
Improve your professional mediation practice and enhance public perceptions of mediation as a better option for families going through divorce >>

Family law DR

Strength based practice in FDR
How and why the complex needs of parents and families in dispute after separation and accessing Family Relationship Centres (FRC) require more than mediation >>

Transforming the family law system
The proposed Parent Management System could introduce safe, proven, collaborative, integrated, cost-effective and self-determining processes in resolving simpler family law disputes >>

FDR and relationship property mediation
Fairway advocates for keeping the matters of property separate from those involving care of children >>

General

On the passing of Frank Sander
Critical, grateful views on the DR pioneer from the antipodes >>


Resources

PODCAST, PPT NSW: How to run a workplace mediation 
Elizabeth Rosa discussed the relevance and implementation of mediation in the area of workplace conflict >>

PODCAST NSW: Elder mediation
Professor Dale Bagshaw shared an overview of elder mediation and best practices for elder mediators >>

Professional indemnity and public liability insurance
Resolution Institute's master policy available to RI professional members and fellows >>

Accommodation deal
Members get 10% off the best available rate by booking directly with TFE Hotels across Australia, New Zealand and overseas >>

Discount on new arbitration publication
Receive 20% discount on The Developing World of Arbitration by Anselmo Reyes (Professor of Legal Practice, Uni. of Hong Kong and Judge, Singapore International Commercial Court) and Weixia Gu (Associate Professor of Law, Uni. of Hong Kong) >>


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Professional learning


Resolution Institute

Local networking and CPD

Dispute resolution in family law - can we do more? >>
Perth, 10 Apr

The ICC International Commercial Mediation Competition: meet the winners from UNSW and observe the format >>
Sydney, 16 Apr

Adjudication Workshop >>
Adelaide, 18 Apr

Virtual Practice Group - Restorative Circles - a process for healthy workplace meetings >>
Online, 19 Apr

Webinar

Interdisciplinary Collaborative Practice – a TEAM approach to respectfully resolving family law disputes without court with Shelby Timmins >>
12-1PM (AEST) | 2-3PM (NZST) 
10 Apr

Training

Mediation NMAS training >>
Mediation 'Refresher' training >>
Mediator assessments >>
CINERGY™ 4-day conflict coaching >>
CINERGY™ 2-day 'Refresher' training >>


Other providers

7 Secrets to Boost Facilitation Impact with Visuals Masterclass >>
with Michelle Walker
Online and in-person offerings

Restorative Justice Facilitator Training >>
with Victoria University of Wellington
Wellington, 1-3 May or 1-3 Aug 

Conciliation in shadow of law >>
with David Bryson & Michael Mitchell, Melbourne 9-10 Apr or 12-13 Nov

Networking and Handling Conflict as a Leader >>
with The Zalt Group 
Brisbane, 10 Apr

Restorative Practices for Transforming Workplace Culture >>
with Victoria University of Wellington
Wellington, 18 Apr or 5 Oct

Assisting Traditional Communities in Negotiations with Multinational Companies >>
Dr. Mirella Gavidia
Melbourne, 23 Apr

Conflict transformation by group conferencing >>
with Dr David Moore and Dr Alikki  Vernon
Melbourne, 2- 4 May 

Facilitating Difficult Conversations in the Workplace Workshop >>
with The Zalt Group 
Melbourne, 10-11 May or 10-11 Oct

Getting to Yes with Yourself : Masterclass >>
with William Ury
Scotland, 14 May

Creative Facilitation : Design Masterclass >> 
with Viv McWaters
Melbourne, 19-20 May

Workplace Investigations Training >>
with The Zalt Group 
Melbourne, 22 May or 18 Oct

Emotional Intelligence and Conflict Management >>
with The Zalt Group 
Melbourne, 24 May

Make your facilitation extraordinary >>
with Liana Stupples
Wellington, 24-25 May

Courses in peacebuilding >>
with Canadian School of Peacebuilding 
Canada, 11-15 & 18-22 Jun

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

International Advanced Course for Mediators >>
with Joanna Kalowski (Aus), Heather Allen, Lawrence Kershen QC, David Richbell
Tuscany, 23-28 Sep

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