Resolution Institute


  JULY 2018 Visit

Legal update

brought to you by

Food fight: Mediation can be a useful ingredient in your litigation recipe, even if not initially on the menu as the agreed main course
MVRFT Pty Ltd v GPO 1 Martin Place Pty Limited [2018] FCA 643 >>
Thanks to Karen Ingram (Partner) and RJ Silk from Clayton Utz Litigation and Dispute Resolution team, for preparation of this Legal Update.

Member's voice

Catherine Green, New Zealand
On considering proportional costs and benefits in dispute resolution >>

Elizabeth Rosa, Australia
On what makes workplace mediation different >>

Got thoughts to share?
If you would like to share views, reflections or ideas with your fellow members, please send your articles for our consideration to >>

DR articles & info

Launching an efficient arbitration This article addresses efficiency in presenting evidence and at the hearing and post-hearing stages >>

Peanut butter makers find themselves in a sticky situation This case discusses the dispute between Kraft & Bega, and the Federal Court of Australia's decision to grant the injunction against arbitration proceedings while allowing court proceedings to continue >>

Cutting off the dead to save the living Two recent WA Court of Appeal decisions clarify the scope of an adjudicator’s jurisdiction, issues of set-off, and the ability to sever partially invalid determinations in the context of Construction Contracts Act 2004 (WA) (CCA) adjudications >>

When there’s a will there is a way Supreme Court of NSW endorses arbitration despite deficiencies in the parties’ agreed arbitral procedure >>

Dead but uninjured: A guide to death benefits The Court of Appeal addressed whether the dependents of a dead employee are entitled to a death benefit under s25 >>

How not to do Arb-med-arb RI member Alan Limbury discusses a case that illustrates how not to conduct hybrid Arb-Med-Arb process >>

The Rise of Mega Mediations #2 RI member Geoff Sharp discusses the inner workings of mega mediations, especially at the intake stage >>

Is Mediation Really Like Fruit? – Does The Conflict Have To Be Ripe? RI member Dr Rosemary Howell on constructive intervention at different stages of a conflict developing >>

Reframing Colin Rule explores one of the core skills in the mediator's tool box and discusses how negative reframing differs from positive reframing >>

Questions for when an argument rattles you Tammy Lenski shares her favourite centering questions that she uses with clients >>


RI NZ Conference 2018: Spotlight on practice >>
Wellington, 18-19 Oct

2018 International Conference on Restorative Practices >>
Minnesota, 9-11 Aug

AFCC Australia 5th Annual Conference >>
Adelaide, 16-18 Aug

Australasian Association of Workplace Investigators Annual Conference >>
Kingscliff NSW, 30-31 Aug

Australasian Facilitators Network Conference 2018 >>
Melbourne, 26-28 Nov

CIArb International Arbitration Conference 2018 >>
Penang, 6-7 Dec

National Mediation Conference >>
Canberra, 15-17 Apr 2019

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Professional learning

Resolution Institute

Local networking & CPD

Marketing my mediation practice >>
Melbourne, 31 Jul

Harassment in the Workplace >>
Wellington, 2 Aug

Evening with John Murray AM >>
in association with Patterson’s List Barristers
Melbourne, 7 Aug

The Hague Convention: A game changer for resolving international disputes or just a complement to the New York Convention? >>
Melbourne, 8 Aug

The Murray Report and its potential impact on Security of Payment Laws in NSW >>
Sydney, 9 Aug

1-Day ADR Forum: Keeping on Track through Mediation >>
Newcastle, 10 Aug

Bringing a psychological lens to the mediation process: Mediators understanding parties and themselves >>
Perth, 14 Aug

Determinative Forum - 2018 Case Law Update >>
Perth, 28 Aug


Making the most of intake sessions >>
21 Aug, 12 pm AEST | 2 pm NZST

‘A walk towards Everest’ reaching a new peak in your preparation for mediation >>
28 Aug, 12 pm AEST | 2 pm NZST

Mediation and mental health >>
5 Sep, 12 pm AEST | 2 pm NZST

The Non-Responsive Respondent! – Taking arbitration forward and how? >>
18 Sep, 12 pm AEST | 2 pm NZST


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

Other providers

Conflict resolution for construction sector >>
with Constructivity
Sydney, 6 Aug

The role of the Facilitative Leader in VUCA times >>
with Bob Dick & Andrew Rixon
Online, Starting 7 Aug

ADR Symposium: Innovate, mediate & thrive! >>
with Australian Disputes Centre
Sydney, 10 Aug

Alternate dispute resolution for construction sector >>
with Constructivity
Sydney, 20 Aug

Innovations in international infrastructure arbitrations >>
with University of Melbourne
Melbourne, 23 Aug

The John Murray Report >>
with The Lighthouse Club Victoria
Melbourne, 23 Aug

Developing conflict-competent workplaces >>
with Victorian Association for Dispute Resolution
Melbourne, 29 Aug

Conflict transformation through group conferencing >>
with Positive Interaction
Melbourne, 29-31 Aug | 28-30 Nov

The essence of facilitation >>
with Zenergy Global
Thames (North Island NZ), 3-7 Sep

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

How to run a workplace mediation >>
with Elizabeth Rosa
Sydney, 24-25 Sep
Discount code for members: RESOLVE5

The art of facilitation >>
with Zenergy Global
Auckland, 26-30 Sep

Conciliation in the shadow of the law >>
with David Bryson & Michael Mitchell
Melbourne, 12-13 Nov

Construction law workshop >>
with the University of Western Australia
Perth, 20-23 Nov

Sent by Resolution Institute,
Sydney - Wellington